Text
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 141,022,424 as well as as the period from August 14, 2012 to April 22, 2014.
Reasons
1. Basic facts
A. The conclusion of an agency contract, etc. and the Plaintiff was a logistics company established for the main purpose of the joint and several sureties transportation business and the agency business, and its trade name was changed from March 23, 2012 to “A” corporation.
On October 20, 2010, from November 1, 2010 to October 30, 2012, the Plaintiff and Defendant B entered into an agency contract with Defendant B, who is in charge of the Plaintiff’s selective distribution of 1,2, 4, 5, 1, 2, 4, 1, 2, 4, 4, and 3 Dongs in Busan-gu, Busan-do, and who is in charge of the Plaintiff’s selective distribution of 1, 2, 4, and 3, to receive certain fees from the Plaintiff (hereinafter “instant agency contract”).
The main contents thereof are as follows:
Article 7. A (Defendant B; hereinafter the same shall apply) Management of the carriage charge, deposit and attempted credit ① The Customer shall deposit the carriage charge of the carriage charge into the account designated by the Party B (the Plaintiff; hereinafter the same shall apply) and the Customer shall deposit the carriage charge into the account designated by the Party B (the Plaintiff; hereinafter the same shall apply) without delay if the carriage charge is directly collected from the Customer.
In addition, A agrees to deposit money of freight in accordance with the agency freight payment regulations in relation to the payment of full arrival and credit sales.
(2) B shall pay Party A fees for development and collection of money in return for business development and collection of money, and where Party A fails to pay the fee for the carriage of money under the contract for carriage of money which the business development customer entered into with Party B by the payment date of the said contract, or fails to pay the fee for the carriage of money due to default, etc., Party B shall bear the final responsibility for collection of the fee for the carriage of money.
(3) Where a person fails to fulfill his/her liability under Article 7 (2) within a reasonable period (30 days) from the date on which the tax invoice was issued after the completion of carriage of substitute cargo, he/she shall agree to offset the fee that he/she shall pay to A, and he/she may request B to pay after mutual consultation by other appropriate means.
Article 9. Collection, delivery, storage, etc.