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(영문) 수원지방법원 2018.11.29 2018나54767
약정금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On October 29, 2014, the Plaintiff entered into a transport service contract (hereinafter “the instant transport contract”) with the Plaintiff, which is entrusted with the transport of Do-specific transport goods and services by using the Do-specific transport company (hereinafter “Do-specific transport contract”) and the Cwho 32 Do-ho-ri vehicle owned by the Plaintiff, as follows.

The Transport Service Contract, in respect of the entrustment of the carriage and service of the goods to the “B” on November 1, 2014, the Do Special Shipping Co., Ltd. (hereinafter referred to as “A”) and the Borrower A (hereinafter referred to as “B”) shall enter into a transport service contract as follows:

Article 3 (Service Fees)

1. “A” shall calculate the service cost according to the transport rate schedule and pay it to “B”.

2. The transportation rate shall be agreed upon between the owner of goods based on the daily daily distribution and the primary petroleum transportation rate table, and the transportation service price shall be paid to the “B” after deducting the transportation management cost of the “A” and the contractor of the “A”.

Article 13 (Term of Contract)

1. The term of this contract is from November 1, 2014 to April 27, 2015.

Article 14 (Prohibition against Transfer, etc.)

1. The Parties are prohibited from transferring to a third party all or any part of their rights and obligations under this Agreement without the prior written consent of the other party, and from using this Agreement for any purpose other than the purpose of this Agreement.

B. In accordance with the instant transport contract, the Plaintiff performed the transportation business of supplying crude oil to the gas stations at the expressway resting places operated by the primary petroleum company and the primary distribution company (hereinafter “original petroleum”, “original distribution”) in accordance with each of the instant transport contract.

C. On November 28, 2015, the Plaintiff made the Defendant transport 1/2 of the volume of primary petroleum and primary distribution entrusted by the Defendant and the Plaintiff from the special transmission of Do name oil, and made the Defendant transport 1/2 of the volume of primary petroleum and primary distribution entrusted by the Plaintiff, and made premium 30.

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