(영문) 서울서부지방법원 2015.05.22 2014가단24818

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(영문) 서울서부지방법원 2015.05.22 2014가단24818

여객운송료등

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1. The Defendant (Counterclaim Plaintiff) paid KRW 58,140,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 1, 2014 to May 22, 2015.

Reasons

1. The parties' assertion

A. On April 9, 2014, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant to invest 30 tourist buses and transport foreign tourists recruited by the Defendant for a more than one year.

Accordingly, the defendant inputs 28 buses from the two buses owned by the defendant and transported foreign tourists recruited by the defendant, and on April 2014, the transport charges of KRW 79,530,000 and May 20, 2014 are KRW 24,552,00.

The Defendant paid only KRW 32,980,000 out of the transport charges.

In addition, the defendant unilaterally notified the termination of the contract at around May 15, 2014 and suspended the transport request, thereby causing damage equivalent to KRW 20,770,000 to the plaintiff waiting the vehicle by the end of May 2014.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid transportation charge of KRW 71,102,00 and KRW 20,770,000 for damages.

B. The Plaintiff and the Defendant, without specifying the specific period, agreed to transport tourists as a result of transactions with BC, which are parties to the Defendant’s existing transaction with the Defendant, on April 2014.

5. The Plaintiff requested the carriage of foreign tourists recruited by the Defendant.

However, on April 14, 2014, a bus article caused an accident that gets a group tourist to leave and throw away from the parking lot located in a new village, and the same year.

5. 15. An accident that happens to get tourists on another bus temporarily due to a breakdown in the bus near the Ansan-si, and that happens to get tourists on the bus going to Seoul.

As a result, the defendant paid damages amounting to KRW 64,593,635 on June 2014 to the D company that sent the above foreign tourists.

In addition, the defendant suffered damages equivalent to average of KRW 80,000 per month due to the reduction, suspension, etc. of attracting tourists.

Therefore, the plaintiff is liable for damages to the defendant 9,000.

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