logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.08.22 2018가단7305
업무방해 손해배상
Text

1. The Defendant’s KRW 27,447,874 as well as the Plaintiff’s KRW 5% per annum from April 28, 2018 to August 22, 2018, and August 23, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of domestic and foreign cargo transport business, etc., and on February 1, 2015, the Defendant established the Plaintiff’s business office and entered into a contract for the establishment of a business office with the Defendant to receive and deliver alternative cargo upon entrustment by the Plaintiff, and to receive transportation fees in return (hereinafter “instant contract”).

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

Article 1(Purpose)The purpose of this Terms and Conditions is to clarify the basic principles for the establishment and operation of a business office between Ro-nam Ulsan Branch (hereinafter referred to as "A") and a business office (hereinafter referred to as "B") and to maintain the smooth contractual relationship by faithfully performing its mutual obligations.

Article 8 (Transport Sales) (1) The term "transport sales" means the whole amount of freight arising from the carriage of cargo (payment in advance, payment in arrival, and credit).

(2) "B" shall report to "A" on a daily basis the total amount of transportation and sales (including credit transaction offices) of all transport cargo handled in the name of "A" by using the method of registration, etc. in the electronic computer system.

(3) The term "B" shall pay the full amount of the transport sales traded or operated at a place of business, excluding the transport fees under Article 9, to A.

(5) Where “B” falls under any of the following subparagraphs, “B” may take such measures as restricting the use of the computer system, recovering the right to use trademarks, cancelling the contract of a place of business and claiming civil damages against “B”:

Where it omits to report the transportation sales money in violation of the duty to report under paragraph (2).

(b) Where the act of payment under paragraph (3) occurs at least three times a month, or (3) at least three consecutive months, or (3) a month, Article 9 (Adjustment of Transport Fees and Freight) (1) "A" shall be referred to as "B" along with the settlement statement on the 15th of the following month of the relevant month, which is calculated by the standards for the settlement of transport fees.

arrow