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1. Of the judgment of the first instance court, the part against Defendant FF Co., Ltd., H Co., Ltd., I Co., Ltd., I, and J shall be revoked.
Reasons
Basic Facts
The reasoning for this Court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning for this Court’s judgment is identical to that of Paragraph 1 of the same Article, except for the dismissal of the facts based on Paragraph 1 (d) at the bottom of No. 4 of the judgment of the court of first instance from No. 5 to No. 5 (the part of Paragraph 1).
D. The terms and conditions of a logistics operation service agreement prepared by the Plaintiff with each consortium are attached to the terms and conditions of the contract, and the main contents are as follows. ① The goods produced by the Plaintiff (K,O, P, Q, etc.) are transferred to the Plaintiff’s factory and the Plaintiff’s sales agency or the place separately designated by the Plaintiff; ② all the logistics-related activities for transporting all the goods procured by the Plaintiff from the goods procured by the Plaintiff, the goods procured by the Plaintiff, or the goods storage place to the Plaintiff, to the Plaintiff’s factory; ② all the logistics-related activities for transporting the goods procured by the Plaintiff, the goods procured by the Plaintiff, or the goods storage place to the Plaintiff’s factory.
1. When each consortium refuses or fails to transport the contracted quantity within the period designated by the plaintiff;
2. Where it is evident that no possibility of transportation exists within the fixed period due to any cause attributable to each consortium.
4. In a case where the plaintiff judged that it is difficult for the plaintiff to complete the carriage within the due date due to the delay in the carriage and unloading due to the reasons attributable to each consortium other than the subparagraphs of paragraph (1) of this Article, the plaintiff may have another company other than the consortium conduct the carriage and unloading on behalf of the plaintiff in order to perform the smooth loading and unloading work.