손해배상(기)
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 36,930,636 and its KRW 12,00,000 among them, the Defendant (Counterclaim Defendant) from July 1, 2015.
1. Basic facts common to the principal lawsuit and counterclaim;
A. On January 25, 2012, the Plaintiff entered into an agency contract (hereinafter “instant contract”) with the Defendant, a company operating a selective distribution business, etc., to operate a B agency of the Defendant Company (hereinafter “instant agency”) and to perform the business of collecting and delivering selective cargo within the relevant area upon receiving fees from the Defendant.
The above contract has been renewed each year thereafter, and on March 1, 2015, the part relating to the issue of this case among the terms of the contract which was finally renewed is as follows.
Article 3 (Term of Contract) The term of this Agreement shall be from March 1, 2015 to February 29, 2016.
1. If no separate declaration is made in writing not later than three months before the expiration of the term of this contract, the contract shall be deemed to have been renewed under the same conditions;
Article 4 (Responsibility and Obligations)
1.A (referring to the Defendant) shall grant B (referring to the Plaintiff) the right of choice distribution in the collection and delivery area contracted to B (referring to the Plaintiff).
2. Eul shall perform the duties of collection and delivery and its incidental duties in good faith with the authority and responsibility of Eul in accordance with the terms of this contract, work guidelines and instructions of Gap;
3.A and B are obligated to perform this contract in good faith for mutual development.
Article 5 [Contents of Business] A shall faithfully perform all business affairs related to the collection and delivery of goods requested by customers using Gap's home delivery services, in compliance with the terms of this Agreement.
In addition, it shall be responsible for the smooth performance of duties by taking into account the following matters related to the details of business:
1. Eul shall be equipped with offices, collection centers, employees, transportation equipment of designated specifications, computer equipment, etc. necessary for the performance of functions under this contract, and it shall be provided at the enterprises designated by Gap pursuant to the provisions of CI for the unity of designated marks, such as signboards, vehicle painting, website, promotional materials, etc.