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(영문) 대구지방법원 2018.10.17 2018나304647
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs transportation business, and B is a person who runs transportation brokerage business under the trade name of “C,” and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation that entered into an entry contract with Defendant A as the owner of a cargo vehicle (D, treatment 25 tons car truck, hereinafter “cargo vehicle”) operated by the Defendant A, and is a corporation that entered into an entry contract with Defendant A.

B. On September 2016, E entered into a sales contract with F to sell each item of 25 tons (hereinafter “each item of this case”) to F to KRW 23,798,720 (including value-added tax) and entered into a sales contract with the Plaintiff for the purpose of transporting each item of this case to F business places located in the Gyeongbuk-gun, Busan, a new wharf in Busan.

C. The Plaintiff requested freight forwarding to B, and the Plaintiff introduced the Defendant A to the Plaintiff.

Accordingly, the Plaintiff entered into a transportation contract with Defendant A on September 6, 2016, delivered each of the instant items to B, and around September 16, 2016, B delivered each of the instant items to Defendant A at the New Line wharf located in Busan Nam-gu, Busan on September 8, 2016, and Defendant A loaded each of the instant items delivered by Defendant A on a cargo vehicle, and at around 20:00 on the same day, the Plaintiff parked a cargo vehicle at the cargo depot located in the Geumdong-gu, Daegu Northern-gu, Daegu on September 9, 2016.

E. However, on September 8, 2016 to September 9, 2016, Defendant A did not cover the instant item in transporting the instant item, and each item of the instant item was consistent with the wind, which was loaded on the cargo vehicle in the Geum-dong, Daegu Northern-gu, and the wind, which was loaded on the cargo vehicle at the time of arrival at the F place of business, was flooded.

(f) Some of the instant items in this case have funga in line with the foregoing.

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