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(영문) 서울행정법원 2021.02.18 2019구합58131
교섭요구 사실의 공고에 대한 시정 재심결정취소 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of litigation shall include all parts resulting from the participation.

Reasons

(a) should not cause a dispute with Gap or other SM or other points assigned to it.

(5) Eul shall, upon receipt of a request for collection (including the gathering of half goods) by telephone, app exclusively for smartphones, e-mail, computer system, etc. from Gap or his/her customers, perform the collection work in good faith.

Article 4 (Term of Contract) (1) The term of this contract shall be between July 29, 2016 and 12 months.

2. Where Eul has faithfully performed this contract by the expiration date of the contract term, if there is no request for the termination of the contract by Gap or Eul two months before the expiration date of the contract, this contract shall be automatically extended every one year.

Article 5 (Settlement of Transport Fees and Freight) (1) A shall pay transport fees to B in accordance with mutually agreed terms and conditions of contracts in return for the development, collection, classification, unloading, delivery, and other incidental services of B.

(2) The transportation fee referred to in paragraph (1) B shall be the amount equivalent to the following rates of commission, including value added tax, to the F Programs* of B, because each cargo differs from the freight for each other:

(Tickets: 80% for delivery fees, and 80% for collection fees)* The computer system that B operates to grasp the transportation information of stacks as seen in the following.

(3) A shall pay the settlement amount under paragraph (1) to B, along with the detailed statement of accounts by the end of the following month.

However, if there is a unpaid transportation charge by Eul prior to the current month and the current month, or an obligation by Eul to Eul (such as penalty, customer clean disposal charge, damages, etc.), only the remainder may be paid after offsetting and disposing of the transport commission to be paid by Eul and the debt amount by Eul.

(4) Where the transportation fee rate is inappropriate due to the change of circumstances (the change of fee of the head office, the change of market conditions, the change of business policy, and other reasonable reasons for the change of circumstances), A shall enter into a transportation fee rate in consultation with B.

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