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(영문) 수원지방법원성남지원 2019.04.18 2017가합407356
손해배상(기)
Text

1. The Defendant’s KRW 3,498,00 and the Plaintiff’s annual rate of KRW 5% from August 1, 2017 to November 26, 2018.

Reasons

1. Basic facts

A. The Defendant entered into an agency contract between the Plaintiff and the Plaintiff on the collection, storage, classification, delivery, etc. of cargo and the Defendant’s payment of commission, etc. to the Plaintiff according to the pre-determined standards in return for handling administrative affairs (hereinafter “instant contract”), which includes the following:

The purpose of Article 1 (Purpose) of the Standard Agency Contract is to clarify mutual rights and obligations and to promote mutual development through the faithful implementation of the contract in this case, when the Plaintiff performs the basic duties of delivery, such as collection, storage, classification, delivery, etc. of cargo.

Article 2 (Definition of Terms) The definitions of terms used in the contract of this case shall be as follows:

1. The term "agency" means a place of business operated by a person who operates a door-to-door sales business with his/her own account and interest, which performs the collection, delivery, storage, classification, etc. of door-to-door cargo;

Article 26 (Termination of Contract) (2) The defendant may terminate this contract after peremptory notice 14 days prior to the termination of the contract in any of the following cases:

2. Where the Defendant consulted with the Plaintiff to modify or coordinate part of the terms and conditions of the contract, but did not reach an agreement with the Plaintiff.

3. Where it is difficult for the Plaintiff to maintain the contract due to changes, etc. in the Defendant’s management policy, etc., Article 27 (Indemnification) (2) if the Plaintiff reverses the contract in violation of the period stipulated in this contract, or if the contract is arbitrarily terminated, the Defendant may use alternative transport methods, such as call Ban during the remaining contract period to deal with the affairs of cargo delivery, etc. In such cases, the Plaintiff’s substitute transport costs (including car bareboat, call

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