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(영문) 수원지방법원 2017.11.03 2016나20388
정산금
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 9,494,422 and this amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 26, 2013, the Plaintiff, a company engaged in cargo franchise and franchise business, entered into an agency contract with the Defendant to operate the Plaintiff’s B agency (hereinafter “instant agency contract”). The main content of the instant agency contract is as follows.

Article 3 (Term of Contract) The term of contract shall be from October 4, 2013 to October 3, 2014.

1. If the Defendant wishes to terminate this contract in the middle, it must complete the settlement after giving written notice to the Plaintiff at least three months before the latest.

2. The defendant has a mandatory delivery period of three months on the basis of the date on which the mails related to termination or renunciation of the contract were received by the plaintiff.

3. The Defendant’s failure to faithfully perform the delivery duty during the period of mandatory delivery, thereby filing a claim with the Defendant for all all the expenses incurred when the Plaintiff operates the delivery duty on behalf of the Plaintiff, and the Defendant must pay the claim amount to the Defendant at its cost.

Article 4 (Responsibility and Obligations) The Plaintiff shall grant the Defendant the Plaintiff’s goodwill in the collection and delivery area contracted to the Defendant.

Article 5 (Contents of Business) The defendant shall faithfully perform all business affairs related to the collection and delivery of cargo requested by the customer using the plaintiff's home service, which are requested by the customer, in accordance with the terms of this contract.

Article 14 (cargo Accident and Liability for Damages)

2. Where it is impossible to ascertain the responsibility for cargo accidents, expenses shall be borne and handled jointly by the collection stores, the head office, and delivery stores at the fixed rates;

5. In relation to other accidents not mentioned, the provisions for dealing with the plaintiff's accidents shall apply, and other matters shall be governed by the standard terms and conditions of door-to-door assignment.

Article 17 (Provision of Security)

1. In order to guarantee the performance of this contract, the Defendant shall deposit KRW 10 million with the Plaintiff as a contract performance bond at interest rate.

7.A normal contract;

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