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(영문) 수원지방법원성남지원 2017.11.24 2016가단220173

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On February 2, 2014, the Plaintiff entered into a contract on consignment of the Defendant’s 13 business offices, such as the “water source line business establishment” and “water source business establishment” (hereinafter collectively referred to as the “Defendant”) with Dong Branch Co., Ltd. (hereinafter referred to as the “Defendant”), under which the Plaintiff entrusted the collection, storage, classification, delivery, and selective distribution of the goods in charge of the Defendant’s 13 business offices, and entered into the contract on consignment of the said business office (hereinafter referred to as the “instant contract,” and the written contract is referred to as the “instant contract”).

B. The main contents of the instant contract are as follows.

Article 2 (Definitions of Terms)

5. “Electronic” means a penalty agreed to be paid by the Plaintiff to the Defendant in the event the Plaintiff, without justifiable grounds, in the course of performing this Agreement, has unfaithfully performed its contractual obligations, such as delay of delivery, voluntary delivery, consumer compliance, etc.

6. The term "click expenses" means the amount of compensation for damage sustained by the defendant or a third party and the expenses for the disposal thereof if such damage is incurred by the defendant or a third party due to the loss of, damage to, damage to, erroneous classification of, or clerical error in the cargo;

11. The term “business and credit customer” means a customer who concludes a contract with the Plaintiff and the customer and enters into a tax invoice under the name of the Plaintiff, but claims and receives money through the management office.

Article 12 (Payment, etc. of Transport Fee) (2) The plaintiff shall observe the following specifications, and claim and receive and manage the transport fee:

- Prepaid customer: The Plaintiff directly claims the freight to the customer, and the Plaintiff deposits the freight into the account designated by the Defendant immediately after the receipt of the freight every day.

- Business credit customers: the Defendant directly or through the Plaintiff at the end of each month, and the Plaintiff shall, upon receipt of the written request from the Defendant, immediately dispatch the written request to the customer, and the Plaintiff shall be the business credit customers.