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(영문) 서울중앙지방법원 2019.02.13 2017나74940

채무부존재확인

Text

1. The judgment of the first instance, including the Plaintiff’s claim added by this court, is modified as follows.

Reasons

1. Facts of recognition;

A. On January 1, 2012, the Plaintiff (mutual name “D”) entered into a commission agency contract with the Defendant (mutual name was changed from H Co., Ltd. to B Co., Ltd. on December 16, 2016) on the following terms: (a) the Plaintiff, among the selective cargo transport services under the small cargo transport contract that the Defendant entered into with his/her customer with his/her customer, provided that (b) the Plaintiff’s new business development related to his/her customer; (c) charge for the transport of developed clients; (d) charge for the collection of freight; (e) collection of freight; (e) delivery; (e) delivery; (e) delivery; (e) delivery; (e) return; and (e) collection of goods; and (e) confirmation of goods inside the country; and (e) the period of contract with the designated customer agency; and (e) the Plaintiff’s agent’s name as E-agency.

(hereinafter “instant agency contract”). (b)

The instant agency contract provides that “(i) the Plaintiff shall pay the sales fee for the instant cargo into the account designated by the Defendant, and (ii) the Plaintiff shall deposit the sales fee for the instant cargo into the account designated by the Defendant without delay in cases where the Plaintiff directly collects the sales fee for the instant cargo from the customer; and (iii) the Plaintiff agrees to deposit the sales fee in accordance with the agency freight payment regulations in relation to the payment of the sales fee and credit sales; and (iv) the Defendant shall pay the Plaintiff the development and the sales fee in return for the business development and the handling of the sales fee; and (iii) the Plaintiff shall pay the sales fee for the instant cargo transport contract concluded by the Plaintiff with the Defendant, if the Plaintiff fails to pay the sales fee by the due date for the payment of the contract, or if it fails to pay the sales fee for the instant cargo by the due date for the payment of the contract.”

C. While the Plaintiff was operating an agency under the instant agency contract, around April 12, 2013, the amount of credit outstanding to the Defendant arising from February 2, 2012 to October 2012, which the Plaintiff is obligated to pay to the Defendant.