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(영문) 대구지방법원 2019.08.21 2018나7380
청구이의
Text

1. All appeals by the Defendants are dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the waste iron processing business, waste iron bars, scrap metals, and wholesale and retail business, and the Defendants are companies established for the purpose of the general cargo transportation business.

B. The Plaintiff continued to trade goods with the FF Co., Ltd. located in Kimhae-si (hereinafter “F”), and upon the request of F to the Plaintiff, the Plaintiff or F requested the Defendants to transport goods. The Defendants received goods from the Plaintiff and transported goods to F.

C. The Defendants, upon receiving the transport cost from F, failed to receive a part of the transport cost, filed a claim suit against the Plaintiff on December 12, 2017 by the Daegu District Court of Dong-dong Branch of Permanent Residential Area 2017 Ghana2588. On the same day, the said court rendered a recommendation of performance that “the Plaintiff shall pay KRW 19,154,00 to Defendant C Limited Partnership (hereinafter “Defendant C”) and KRW 5,434,00 to Defendant E Co., Ltd. (hereinafter “Defendant E”), and the said decision of performance recommendation became final and conclusive at that time.

The cause of the claim for the decision on performance recommendation is that “Defendant C shall transport the goods at a request from the Plaintiff several times from February 2016 to July 2016, and Defendant E shall transport the goods at a request from the Plaintiff during several times from February 2016 to July 2016, and shall claim the remainder of the transport proceeds received.”

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The party's assertion and judgment

A. In relation to the Plaintiff’s assertion, F had a direct contact with the Defendants when requesting the Plaintiff to supply the goods, and sent the cargo vehicle to the Plaintiff. Upon receiving F’s request, the Plaintiff contacted the Defendants and transported the goods.

In the above two cases, the transport cost has been paid by F to the Defendants, and the Plaintiff.

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