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(영문) 서울중앙지방법원 2017.12.22 2016가단43733
운송료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 15, 2013, the Plaintiff (B Co., Ltd. and changed from December 16, 2016 to the trade name as of December 16, 2016; hereinafter referred to as “Plaintiff”) entered into an agency contract with E (hereinafter referred to as “instant agency contract”) with E, and the contents of the instant agency contract are as follows.

Article 5 Scope of Agency Services. (2) “A” (E) perform the collection, storage, classification, delivery, delivery, air transport, return and exchange of stack cargo, and the confirmation of goods.

(hereinafter referred to as "A" shall conduct new business development related to customers, claims for transportation fees from developed customers, collection of money, and management of attempted bonds.

Article 9. Fees, Deposits, and Management of Unclaimed Claims. (2) "B" shall be paid to "A" in return for the development of business and the handling of prohibited business affairs.

(3) In return for the fee referred to in the preceding paragraph, where a customer who has been engaged in business and developed a business fails to pay the cost of carriage of the goods under the contract concluded with a “B” by the due date for the payment of the contract, or fails to pay the cost of carriage of the goods due to a default, etc., the final responsibility for collection of the cost of carriage of the goods shall be borne by “A”, and the final responsibility for collection shall include the responsibility for payment of the cost jointly

B. E, while operating the Plaintiff’s F agency, recruited the Defendant, etc. as its owner. On July 4, 2014, the Plaintiff entered into a contract of carriage between the Defendant and the Plaintiff F agency (hereinafter “instant contract of carriage”). The details relating to the instant contract of carriage are as follows.

Article 7. (1) "B" shall pay a tax invoice to "A" (the defendant) on the designated date of each month after the close of the transport charge corresponding to the goods sent and quantity stated in the transport invoice at the time of request for carriage.

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