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(영문) 서울중앙지방법원 2017.02.16 2015가단190458

약정금

Text

1. The Plaintiff:

A. Defendant A shall be paid the amount of KRW 92,774,300 and the “principal” stated in the attached list among them.

Reasons

1. The following facts are based on the following facts: (i) there is no dispute between the Plaintiff and the Defendant, and (ii) there is no dispute between the Plaintiff and the Defendant; (iii) evidence Nos. 1, 2-1 through 9; (iv) evidence Nos. 3-1 through 14; (v) evidence Nos. 4-2; and (v) evidence Nos. 1.

On May 15, 2013, the Plaintiff (only the Plaintiff, regardless of the mutual change; hereinafter referred to as “instant agency contract”) engaged in the transportation business, etc. entered into an agency contract with Defendant A (hereinafter referred to as “instant agency contract”) with the Plaintiff on December 16, 2016, and the relevant content of the instant agency contract is as follows.

Article 5 Scope of Agency Services. (2) “A” (Defendant A) shall perform the collection, storage, classification, delivery, delivery, air transport, return and exchange of stack cargo, and the confirmation of goods.

(hereinafter referred to as "A" shall conduct new business development related to customers, claims for transportation fees from developed customers, collection of money, and management of attempted bonds.

Article 9. Fees, Deposits, and Management of Unclaimed Claims. (2) "B" shall be paid to "A" in return for the development of business and the handling of prohibited business affairs.

(3) In return for the fee referred to in the preceding paragraph, where a customer who has been engaged in business and developed a business fails to pay the cost of carriage of the goods under the contract concluded with a “B” by the due date for the payment of the contract, or fails to pay the cost of carriage of the goods due to a default, etc., the final responsibility for collection of the cost of carriage of the goods shall be borne by “A”, and the final responsibility for collection shall include the responsibility for payment of the cost jointly

B. Defendant A, while operating the Plaintiff’s Cagency, is either spawn digital company, transfer and logistics company, which is the owner of goods he has retained.