(영문) 서울중앙지방법원 2015.09.01 2015나20444

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자간(%)

(영문) 서울중앙지방법원 2015.09.01 2015나20444

구상금

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1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's primary and conjunctive claim against the defendant is revoked.

Reasons

1. Basic facts

A. The logistics service contract for primary food Co., Ltd. for the Defendant (1) primary food Co., Ltd. (hereinafter “original food”) is a company that manufactures ping, sping, and spacting.

(2) The defendant is a company that carries on the cargo transport and storage business.

(3) The primary food has been awarded a contract to the Defendant for the storage, delivery, and recovery of returned products produced from around 2011.

On January 1, 2013, the primary food entered into a logistics service contract (hereinafter “instant logistics service contract”) with the Defendant with the following main contents.

Section 1 (Purpose) In order to rationalize the distribution business of “A” and “B (the name of the Defendant)” and “B (the name of the Defendant)” and to promote their mutual economic interests, this Agreement shall aim at the storage and storage of “A”’s products and goods (hereinafter referred to as “goods”) in the logistics center operated by “B” (hereinafter referred to as “logistics center”) and at the disposal of orders for delivery of the goods of “A” to the customer designated by “A” (hereinafter referred to as “the buyer”), and at the same time to facilitate the interests of both parties by faithfully performing the terms of the contract.

(1) The term of this contract shall be from January 1, 2013 to December 31, 2013.

Article 3 (Entrusted Affairs) (1) The affairs entrusted by "A" to "B" under this Agreement shall be as follows:

1. General affairs of examination, including the name of goods, quantity, and verification of defective goods at the time of entering or shipping a logistics center;

2. Maintenance and management of inventory and quality of goods of a logistics center;

3. Delivery of goods to the customer of “A”;

4. Return and recovery of goods from the customer of “A”;

5. Distribution and processing affairs requested by “A”;

6.Other work incidental to each of the above subparagraphs. (2) The term “B” shall perform the entrusted work.

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