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(영문) 서울중앙지방법원 2017.08.11 2016가단5281516
정산금
Text

1. The Defendant shall pay to the Plaintiff KRW 146,786,94 and the interest rate of KRW 15% per annum from January 20, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs cargo franchise business, franchise business, and franchise business.

B. On July 1, 2011, the Plaintiff entered into an agency contract with the Defendant with the following terms and conditions (hereinafter “instant agency contract”).

The contract term: From July 1, 2011 to June 30, 2012, in the absence of a separate expression of intent in writing within three months prior to the expiration of the contract term, the contract is renewed under the same condition (Article 3): The defendant shall faithfully perform all business related to the collection and delivery of the cargo sent by the customer using the plaintiff's selective services (Article 5): 40% of agency collection charges, 30% of agency delivery charges, 30% of agency delivery charges, 30% of agency delivery charges (Article 19 subparagraph 2): Settlement is made according to each business, and the proceeds generated in relation to the delivery of the cargo between the plaintiff and the defendant (hereinafter "settlement charges") are distributed according to each business, and the nature of public funds is deemed to exist (Article 20): The defendant shall not divert the settlement payments to the plaintiff on a daily basis; the defendant shall not be obliged to pay the settlement charges to the plaintiff; the defendant shall not pay damages to the plaintiff due to delay or termination of the contract; the defendant shall not pay damages to the plaintiff for delay or termination of the contract.

C. The defendant of this case.

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