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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Plaintiff is a person who supplies medical gas, etc. under the trade name of “C”, and the Defendant is a company that carries on a regular business distribution delivery business, etc.
B. On July 7, 2017, the Plaintiff entered into a contract of carriage with the Defendant from July 10, 2017 to July 9, 2019 (hereinafter referred to as “the primary contract of carriage”) (hereinafter referred to as “the primary contract of carriage”) and the contract of carriage between August 3, 2017 to August 2, 2019 (hereinafter referred to as “the secondary contract of carriage”) with the Defendant respectively, and the main contents thereof are as follows:
The purpose of this contract is to deliver the plaintiff's transported goods to the place designated by the plaintiff using the defendant's vehicle in accordance with the terms and conditions of the contract in Article 2, and the plaintiff pays the defendant a fixed transportation fee in accordance with the contract.
Article 2 (Terms of Contract, Transportation Fee, Benefit Payment Date, Holiday, Course, Other Details of Expenses) 1.2t Twit (including article) 1.2t car (including article) transport fee of KRW 4 million for medical transport items, 00,000 on full working hours / course 05:30 to 1900/ Large Mari-Mari-Seoul Metropolitan Area / On Sundays 5th day of each month and other automatic extension.
-200,000 won per day from absence;
(Exclusion from Diseases)
(a) Article 4 of the terms and conditions of the contract;
D. If the transportation charge is delayed due to the nature of the transportation charge, the transportation charge would entirely be the Plaintiff’s responsibility if the transportation charge would interfere with the transportation of cargo.
Article 8 (Transportation of Cargo)
A. In using the Defendant’s vehicle, the Plaintiff must accurately notify the Defendant’s article of the quantity of the goods, the place of attendance, working hours, etc. at least one day before the Defendant’s work.
C. Where there is education necessary for performing the duties requested by the plaintiff, the defendant's articles shall participate in the education and training.
Article 9 (Maintenance and Check of Vehicles)
A. The defendant conducts thoroughly the inspection and inspection of the motor vehicle.