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(영문) 서울중앙지방법원 2016.05.12 2015가합521516

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 17,532,898 to the Plaintiff (Counterclaim Defendant) and its related amount from April 10, 2015 to May 12, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs a cargo transport agency, warehouse storage business, and the Defendant is an export-import business, wholesale and retail business, clothing and oral manufacturing business, electronic commerce sales business, communications sales business, etc., with the trade name of Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as the “Korea Limit-si Business”).

B. On May 2, 2012, the Plaintiff entered into a logistics agency contract with the Defendant on May 2, 2012 (hereinafter “instant logistics agency contract”) with the content that the Plaintiff carries out logistics services on the commission of the Defendant and is to receive the service cost from the Defendant (hereinafter “instant logistics agency contract”).

(A) The main contents are as follows. The logistics agency agreement shall be referred to as the “B” (hereinafter referred to as the “A”).

(ii) and the D Business Office of the Bank of Korea (hereinafter referred to as the "B")

with respect to the execution of logistics services, the following contracts shall be entered into:

(c) Article 1: “B” shall cooperate in the conduct of logistics services on the basis of the good faith and good faith as prescribed by the following provisions, with respect to the conduct of logistics services on the commission of “A”, and “A” shall agree to pay work charges and transportation expenses according to the performance of the terms and conditions of the agreement to “B”.

Article 2:Period of contract shall be six months from June 1, 2012 to November 30, 2012.

Provided, That it shall be deemed that the same period is automatically extended in the same manner as the contract is entered into, if both parties do not notify the modification or termination of the contract by 30 days prior to the expiration date.

Provided, That where the contract is terminated due to unavoidable circumstances of "A" and "B during the contract period, "A" and "B" shall be notified in writing 30 days prior to the date on which the contract is terminated.

Article 3:Items and Rates

1. Product means the request of “A”.