(영문) 서울중앙지방법원 2019.12.10 2018나20452

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(영문) 서울중앙지방법원 2019.12.10 2018나20452

손해배상(기)

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1. The plaintiff's appeal and the claims extended and selectively added by this court are all dismissed.

2. Filing an appeal;

Reasons

1. Basic facts

A. On March 30, 2017, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded an entrustment contract for trucking transport services (hereinafter “transport services entrustment contract”) and an entrustment contract for transport services (hereinafter “transport services contract”) with Nonparty D (hereinafter “instant truck”). On March 30, 2017, the Plaintiff purchased E Trucks from Nonparty D for KRW 28,00,000,00. On the same day, the Plaintiff entered into a transportation services contract with the Defendant Company: (i) the instant trucks are invested in kind in the Defendant Company; and (ii) the transportation services contract with the F Company’s goods designated by the Defendant Company (hereinafter “F”) from April 15, 2017 to April 14, 2018.

Section 1 (Purpose) The purpose of this Agreement is to set forth the rights and obligations of both parties arising in the course of transport and delivery without defects to the receiver of the date and time and place designated by “B” for the F Co., Ltd. designated by “B”.

Article 4 (Operation Principles) "B" (hereinafter referred to as "B") refers to the plaintiff, and "A" refers to the defendant company in principle. "B" shall, in principle, directly operate the vehicle of "B".

1. “B” shall put a substitute vehicle at the time of the dispatch of a vehicle due to the circumstances in “B”, “B” may arbitrarily use the substitute vehicle when “B” is not performed, “B” shall bear the full amount of the cost incurred therein (such as monthly rent, rent, etc.) and shall preferentially deduct the amount from the transport cost paid in the following month.

Article 7. Special Agreement (Termination of a Contract) If any of the following events occurs, "A" may immediately terminate this Agreement, and all civil and criminal responsibilities arising therefrom shall be "B":

Provided, That the amount of damages shall be set off in preference to the payment of the monthly transportation cost for the termination of the contract.

3. “B” is the work of “A”.

유사 판례

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-광주지방법원 2015.12.18 2015가합368

-서울중앙지방법원 2016.12.15 2016가합511011