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(영문) 수원지방법원성남지원 2019.04.18 2017가합407363
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant entered into an agency contract on the collection and delivery of selective cargo (hereinafter “instant agency contract”) with the Plaintiff, which provides that the Defendant shall entrust the Plaintiff with the work of performing the basic tasks for the collection, storage, classification, delivery, etc. of cargo in the entire area of the prime city (excluding the Cdong, D, E, F, G Dong) and pay the Plaintiff fees, etc. in accordance with the pre-determined standards in return for the performance of the work (hereinafter “instant agency contract”), among which the following are included:

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:

3. Where it is difficult to maintain the contract with the plaintiff due to changes, etc. in the defendant's management policy. (3) In any of the following cases, the defendant may terminate this contract without a prior peremptory notice:

1. Where the Plaintiff refuses or neglects the collection and delivery of cargo without justifiable grounds, Article 27 (Indemnification) (2) where the Plaintiff terminates the contract in violation of the period stipulated in this contract, or where the contract is arbitrarily terminated, the Defendant may operate the business of delivering cargo, etc. by inserting alternative means of transport, such as a call Ban during the remaining contract period. In this case, the Plaintiff is remaining

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