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(영문) 서울남부지방법원 2015.02.06 2014가단22059
운송료
Text

1. The Defendant’s KRW 72,08,699 and KRW 71,637,99 among the Plaintiff’s KRW 72,08,69 shall be the Plaintiff’s KRW 450,700 from March 22, 2014.

Reasons

1. Facts of recognition;

A. 1) B B between the Plaintiff and the Plaintiff is an individual entrepreneur who engages in selective transportation business, etc. in the name of the Plaintiff. On June 1, 2013, the Plaintiff and the Plaintiff entered into a door-to-door agency contract between B and B, which requires that the Plaintiff shall pay a certain amount of fee to the Plaintiff, and the Plaintiff shall divide the home-to-door customer into a separate contract due to large volume of small cargo, such as the owner of the goods, or long-term transaction, and the agent may directly receive the transportation fee on behalf of the Plaintiff, but in the case of an individual customer, the agent shall conclude a separate contract with the Plaintiff and directly pay the transportation fee to the Plaintiff. If the company customer paid the transportation fee to the agent, the agent shall directly notify the Plaintiff of this fact, and shall directly pay the freight to the Plaintiff.

B. On August 1, 2013, the Plaintiff entered into a contract of selective sales between the Plaintiff and the Defendant to transport the goods entrusted by the Defendant from August 1, 2013 to July 31, 2014 (hereinafter “instant contract of carriage”) between the Plaintiff and the Defendant who sells communications services via the Internet, etc., and the Plaintiff to receive the cost of transportation from August 1, 2013 to July 31, 2014.

AB concluded the agreement.

Although the contract concerning the contract of carriage was prepared in this case, the defendant denies the formation of the contract, and there is no evidence to prove the existence of the original, the contents of the contract shall not be determined based on the above contract.

However, the defendant does not dispute the fact that the contract of carriage was concluded with the plaintiff.

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