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(영문) 서울중앙지방법원 2020.10.16 2018가단5238561
운송료
Text

1. Defendant R Co., Ltd.:

A. Attached Table 1 (personal seal) shall be applied to the rest of the plaintiffs except the plaintiff C.

Reasons

1. Facts of recognition;

A. The Plaintiffs are trucking business operators engaged in transportation business, and Defendant R Co., Ltd. (hereinafter “Defendant R”) is a company engaging in transportation brokerage business, etc., and Defendant S is the representative director of Defendant R and the Defendant T is the spouse of Defendant S and the inside-house director of Defendant R as Defendant S.

Defendant U.S. Co., Ltd. (hereinafter “Defendant U”) is a company that runs a general trucking transport business, truck arrangement, intermediation business, etc.

B. Defendant R was entrusted with the conclusion of a cargo transport contract by Y Co., Ltd. (hereinafter “Y”) and concluded a cargo transport contract with the Plaintiffs through NAV.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9, 11 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. Although a tax invoice was issued to Defendant R after completing the cargo transport service under the cargo transport contract with Defendant R with respect to the claim for the payment of transportation charges against Defendant R, Defendant R did not pay the transportation charges to the Plaintiffs from April 2018.

Therefore, Defendant R is obligated to pay the Plaintiffs the amount corresponding to each claim stated in the “amount claimed” column of attached Table 2 as the unpaid transport charges under the cargo transport contract.

B. In the situation where Defendant S, a representative director of Defendant R, intended to conduct a merger with Defendant U, but failed to take place due to lack of capital, Defendant S, who is the representative director of Defendant R’s claim for damages due to the illegal act against the Defendants, concluded a cargo transport contract with the Plaintiffs by deceiving the Plaintiffs even though they did not have an intent and ability to pay the transport fee to meet the shortage of capital.

Defendant S shall have the intent and ability to pay transportation fees to the Plaintiffs as above.

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