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(영문) 서울중앙지방법원 2016.05.12 2015가합557959
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1 Status of the Parties C Co., Ltd. (hereinafter “C”).

) A corporation established on July 8, 2003, which has its head office in Gangnam-gu, Seoul and the first floor, and is engaged in export and import business, wholesale and retail business, clothes miscellaneous and oral manufacturing business, electronic commerce business, communications sales business, etc. The Plaintiff is a corporation that is incorporated on October 30, 2012 by separating the part of the cosmetics business as a corporation that is engaged in cosmetics import and sale business, and ancillary business related thereto. Meanwhile, the Plaintiff’s head office is equal to the location of the head office C, and the Plaintiff’s representative is the inside director E, and the Plaintiff is the inside director of C. The representative director of Geumcheon-gu Seoul Metropolitan Government is F. 2) The Defendant registered its business with the trade name of “H” from Geumcheon-gu, Seoul Metropolitan Government and runs cargo transport agency and storage business.

B. On May 2, 2012, the Defendant entered into a logistics agency contract between the Defendant and C (hereinafter “instant logistics agency contract”) with the content that the Defendant would perform the logistics service upon entrustment of C and receive the service cost from C (hereinafter “instant logistics agency contract”).

(A) The main contents are as follows. The logistics agency agreement shall be referred to as the "A" (hereinafter referred to as the "B").

(ii) and the Bank of Bankruptcy H (hereinafter referred to as “B”)

with respect to the execution of logistics services, the following contracts shall be entered into:

(c) Article 1: “B” shall cooperate in the conduct of logistics services on the basis of the good faith and good faith as prescribed by the following provisions, with respect to the conduct of logistics services on the commission of “A”, and “A” shall agree to pay work charges and transportation expenses according to the performance of the terms and conditions of the agreement to “B”.

Article 2:Period of contract shall be six months from June 1, 2012 to November 30, 2012.

Provided, That where both parties do not notify the modification or termination of the contract within 30 days prior to the expiration date, the contract details and the contract details.

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