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(영문) 울산지방법원 2016.07.12 2015가단27124
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 46,642,40 and the interest rate of KRW 15% per annum from October 20, 2015 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in door-to-door sales, etc. with the trade name of “C”, and the Defendant is a company engaged in door-to-door sales, transportation, and various delivery businesses, and D is a person engaged in door-to-door sales, etc. with the trade name of “E”.

B. D, on April 1, 2014, entered into an agency contract (name of agency: B B B Dongsan agency) with the Defendant during the contract period from April 1, 2014 to March 31, 2016, and dealt with the Defendant’s home delivery business.

C. Article 7(6) of the above agency contract states that “All civil and criminal responsibilities related to claims and obligations exercised by D, business and collection and delivery, taxes and administrative dispositions, including employees belonging to D or places of business belonging to D, shall belong to D and shall not be transferred to, nor damaged to, the defendant.”

The Plaintiff entered into a separate contract with D, from July 1, 2013 to March 31, 2015.

D dealt with the defendant's selective distribution service under the contract of the agency described in the subsection.

E. D did not pay the Plaintiff the cost of selective distribution due to business difficulties, and the Plaintiff attempted to suspend selective distribution business.

F. Around March 2015, F, as the Defendant’s employee, worked at the head office as the person in charge of the area in Gyeongnam-do, (the duties of the Defendant Company are the vice-head and the head of the branch office) requested that “from April 2015 until D’s agency’s normalization, the Defendant handled the Defendant’s business in charge of the Defendant’s home delivery to the Plaintiff.”

G. Accordingly, from April 1, 2015 to April 30, 2015, the Plaintiff handled the Defendant’s selective distribution business, and the price reaches KRW 46,642,400.

H. If the customer raises a problem because the article sent by the customer to the customer via the defendant is not delivered by Ulsan agency (D), the F, the person in charge of the Defendant's Gyeongsan area, should deliver the article of the customer, first of all, because it is an urgent situation for the customer to deliver it.

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