(영문) 서울중앙지방법원 2018.12.13 2017가단5200279

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(영문) 서울중앙지방법원 2018.12.13 2017가단5200279

구상금

Text

1. Defendant D’s KRW 150,739,042 and the Plaintiff’s annual rate of KRW 6% from July 10, 2017 to November 7, 2017.

Reasons

1. Facts of recognition;

A. On March 31, 2014, Defendant D entered into a regional agency contract (hereinafter “instant agency contract”) with A Co., Ltd. (hereinafter “A”) that runs cargo franchise business, door-to-door sales business, etc. under the name of Defendant C, with respect to E agencies (hereinafter “instant agency”).

The purpose of Article 1 (Purpose) and Article 1 (Defendant D (hereinafter “Defendant”) of the Alternative Agent Contract is to realize high quality selective service, to establish a local agency in order to perform the duties of the Plaintiff’s selective dispatch services and to clarify the mutual rights and duties in the establishment of a local agency for the performance of the duties of the Defendant by using the F brand as a relief.

Article 3 (Term of Contract) The term of this Agreement shall be from April 1, 2014 to March 31, 2016.

4. If no separate declaration is made in writing not later than three months before the expiration of the term of this contract, the contract shall be deemed to have been renewed under the same conditions.

Article 4 (Responsibility and Obligations)

1. The Plaintiff grants the Defendant the A business license within 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 goods requested by the customer using the Plaintiff’s home service.

Article 11 (Alternative Fares)

1. The defendant, according to the criteria determined by the plaintiff, shall collect the alternative cargo rates from customers in his/her own name, and the defendant is responsible for the collection and delivery of the cargo handled by the defendant, customer taxes, etc.

Article 19 (Handling Fees) The handling fees shall be between the Plaintiff and the Defendant that the customer pays according to the prescribed regulations the expenses related to the handling of the goods requested by him using the Plaintiff’s home service, and the handling fees shall be applied as follows:

1. The defendant shall have his own name according to the standards set by the plaintiff.

유사 판례

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-수원지방법원 여주지원 2018.10.11 2018가단50999

-서울중앙지방법원 2020.03.11 2019나58713