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(영문) 광주지방법원 2015.04.22 2014가단512003

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts constituting the premise for judgment

A. On April 1, 2011, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant (Seoul Co., Ltd.) and entered into between April 1, 201 and March 31, 2013 with an agent contract with the content that the Plaintiff would operate the Defendant’s selective assignment business, etc. for the entire area of Gwangju Nam-gu (hereinafter “instant agency”) and receive certain fees from the Defendant in return for the aforementioned selective assignment business, etc., and entered into a contract (Evidence 1) stating the following:

[Agency Contract] The scope of agency business under Article 2 is the scope of business that the plaintiff faithfully performs the following duties among selective cargo transportation services under a small cargo transportation contract concluded by the defendant with the customer.

The plaintiff carries out the collection, storage, classification, transfer, delivery, air-conditioning, return and exchange of stack cargo, and the confirmation of goods.

(hereinafter referred to as the "Standards for Payment of Basic Fees by Area" in attached Form 3 of the contract shall apply to the plaintiff and the defendant who pays the freight settlement and fee pursuant to Article 8 (2).

(hereinafter omitted)

B. On December 31, 201, the Plaintiff agreed with the Defendant to terminate the instant contract while operating the instant agency.

C. While operating the instant agency, the Plaintiff received a total of KRW 292,492,941, as shown in the attached Table from the Defendant (hereinafter “instant commission”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 to 10, the purport of the whole pleadings

2. Assertion and determination

A. The Defendant, see the purport of the Plaintiff’s claim and the application for modification of the cause of the claim on December 17, 2014, in which the Plaintiff organized the Plaintiff’s assertion as to the cause of the claim, can pay value-added taxes to the party entry officers at the time of entering into the instant contract.