(영문) 서울남부지방법원 2016.09.01 2015가합105293

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(영문) 서울남부지방법원 2016.09.01 2015가합105293

손해배상(기)

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1. The Defendant’s KRW 538,944,311 as well as the Plaintiff’s KRW 20% per annum from June 26, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company running a trucking transport business, general warehouse business, etc., and the Defendant is a company engaging in the manufacturing business of industrial products, cosmetics, food, pharmaceutical products, medical appliances, electronic parts, and wholesale and retail business.

B. On February 26, 2013, the Plaintiff entered into a logistics service contract (hereinafter “instant contract”) with the Defendant, which includes the following contents, and the scale of the warehouse (hereinafter “instant warehouse”) which stores the Defendant’s goods through an agreement thereafter was 1,609 square meters, and 47 employees of the Defendant’s service company (Seoul Goods Company) working for the instant warehouse (hereinafter “the instant dedicated personnel”).

Logistics Service Contracts

2. Contract term shall be two years from March 9, 2013 to March 8, 2015, and the details of extension of contract term shall be as specified in attached Form A.

3. The contract amount shall be in accordance with the agreement on the fees for the attached B logistics services.

4. Objects 1): A (Defendant; hereinafter the same shall apply) through online shopping malls.

all products, goods, and fixtures produced or circulated;

5. 1) The scope of logistics services in attached Form A general terms and conditions of Article 7 (Period of Contract ② Period of Contract between March 9, 2013 and March 8, 2015) shall be two years from A general terms and conditions of A (Period of Contract ② Period of Contract between March 9, 2013 and March 8, 2015).

(3) Where one of the parties has not expressed his/her written intent of refusal to renew the contract two months prior to the expiration of the contract term under paragraph (2), the contract term shall be automatically extended every one year.

Provided, That a separate agreement shall be made on the scope of logistics services and logistics service fees during the extended period.

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