손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant entered into an agency contract with the Plaintiff on the collection, storage, classification, delivery, etc. of cargo at the prime unit agency of the Plaintiff, which provides that the Defendant shall entrust the Plaintiff with the task of performing the basic duties for the collection, storage, delivery, etc. of cargo and pay the Plaintiff fees, etc. in accordance with the pre-determined standards in return for handling the affairs (hereinafter “instant contract”), among which the following are included:
Article 1 (Purpose) The purpose of the instant contract is to clarify mutual rights and obligations and to ensure mutual development through the faithful implementation of the instant contract in the event that the Plaintiff performs the basic tasks for selective distribution, such as collection, storage, classification, delivery, etc. of cargo.
Article 2 (Definition of Terms) The definitions of terms used in the contract of this case shall be as follows:
1. The term "agency" means a place of business operated by a person who operates a door-to-door sales business with his/her own account and interest, which performs the collection, delivery, storage, classification, etc. of door-to-door cargo;
Article 3 (Period of Contract) (1) The term of this contract shall be from June 1, 2016 to May 31, 2018.
Article 26 (Termination of Contract) (2) The defendant may terminate this contract after peremptory notice 14 days prior to the termination of the contract in any of the following cases:
2. Where the Defendant consulted with the Plaintiff to modify or coordinate part of the terms and conditions of the contract, but did not reach an agreement with the Plaintiff.
3. Where it is difficult for the Plaintiff to maintain the contract due to changes, etc. in the Defendant’s management policy, etc., Article 27 (Indemnification) (2) if the Plaintiff terminates the contract in violation of the period stipulated in this contract, or if the contract is terminated at will, the Defendant may use alternative transport methods, such as call Ban during the remaining contract period to handle the affairs of cargo delivery, etc.