Text
1. Defendant B and D shall jointly and severally serve as KRW 990,000 on the Plaintiff and as a result, from October 1, 2016 to October 18, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a stock company with the purpose of small cargo specialized transport business, trucking transport business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a stock company with the purpose of door-to-door transport business, transport-related business, etc., Defendant C is the representative director of Defendant E Co., Ltd. (hereinafter “Nonindicted Company”) and Defendant D is the representative of the Defendant Company.
B. On August 31, 2015, the Plaintiff’s main purpose is to carry out the business of transporting selective cargo entrusted by the non-party company. The Defendant Company entered into an agency standard contract (hereinafter “instant contract”) with the content that the Plaintiff would receive fees from the Plaintiff, and Defendant D guaranteed the Defendant Company’s obligation to the Plaintiff under the instant contract.
The main contents of the instant contract relating to the instant case are as follows.
Article 3 (Period of Contract) (1) The term of this contract shall be from July 1, 2015 to June 30, 2016.
Provided, That in cases of an agency which prepares an agreement in advance, the period of agreement shall be given priority.
The contract shall be automatically extended every year, unless a party to the contract does not express his/her intent to terminate the contract in writing by mail verifying the contents of the contract at least three months prior to the expiration of the contract term.
Article 4 (Egresponding Areas) (1) The Egresponding Areas of Defendant Company are as follows:
Provided, That in cases of an agency that prepares an agreement in advance, the area stipulated in the agreement shall be given priority.
Article 13 (Fees) (1) of the Jung-gu Incheon Metropolitan City (excluding island areas), the Nam-gu (excluding the balance of the 4,8 East, and literature) (excluding the balance of the 4,8) shall be paid to the defendant company in accordance with the standard table of business fees determined by the plaintiff.
Article 26 (Cancellation of Contracts) (1) The defendant company may terminate this contract immediately without a prior peremptory notice in any of the following cases:
1. The Plaintiff’s payment of fees without justifiable grounds.