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(영문) 서울중앙지방법원 2016.10.13 2015가합517180

손해배상(기)

Text

1. The license for freight trucking services and the freight forwarding services among the principal lawsuit of the Plaintiff (Counterclaim Defendant) is granted.

Reasons

1. Basic facts

A. On September 201, 201, A Co., Ltd., the Plaintiff’s telegraph, was merged into G Co., Ltd., and on May 3, 2013, the Plaintiff was established as a result of the division of the household electric business sector of G Co., Ltd. (hereinafter “B”). On May 3, 2013, the Plaintiff entered into a basic logistics agency contract with Defendant B Co., Ltd. (hereinafter “instant basic contract”) with terms of conducting general logistics management, including inventory management, installation, delivery, entry/delivery management, etc. of products sold by the Plaintiff (hereinafter “instant basic contract”). In addition to the instant basic contract, the instant basic contract entered into a detailed contract, such as an asset lease Annex, installation agency contract, delivery service contract, and the franchise agency contract (hereinafter “instant annexed contract”).

The main contents of the instant basic contract relating to the instant case are as follows.

Article 2:Vicarious Distribution Agency

1. The Plaintiff shall transfer “logistics agency” to Defendant B on the products it sells, and Defendant B shall make every effort to satisfy customer satisfaction.

2. Defendant B shall carry out logistics agency in accordance with the basic contract entered into with the Plaintiff and the detailed Annex, and the Plaintiff shall pay agency fees to the Defendant B.

Article 3:Provision of Business Place

1. The plaintiff shall provide the defendant B with 11 logistics centers (the central, Gangnam-gu, Gangwon-gu, Gangwon-gu, Daejeon, Daegu, Busan, Masan, Gwangju, Jeonju, and Jeju), and machinery and equipment to the defendant B.

3. Other matters concerning the lease of assets shall be in accordance with the Annex.

Article 4:Scope and territory of Contracts

1. All parts of logistics control teams, such as inventory management, installation, delivery, entry/delivery management (includingF's carriage by air) of the Plaintiff's product;

2. Defendant B may conduct the distribution agency business by prior agreement with the Plaintiff.

3. Other logistics services shall be conducted through mutual consultation between the Plaintiff and the Defendant B.

Article 5:Calculation and Payment of Agency Fees

1. 1) Calculation of agency fees means expenses for the services, including logistics agency activities; 2) installation fees: attached data;