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(영문) 서울중앙지방법원 2017.06.21 2016가단9511
손해배상등
Text

1. The Defendant’s KRW 30,895,818 as well as the Plaintiff’s annual rate of 5% from July 15, 2016 to June 21, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on trucking and door-to-door business.

B. On July 1, 2014, between B and B, the Plaintiff concluded a selective agency contract between B and B by operating the Plaintiff’s “D agency” in macrosisi, etc. from July 1, 2014 to June 30, 2016.

(hereinafter “instant agency,” and “instant contract,” / [based on recognition] No. 1, and the purport of the entire pleadings

2. The parties' assertion

A. The Defendant, who is the actual operator of the instant agent, voluntarily closed the agent around May 2015.

From May 2015, the Plaintiff entrusted the collection and delivery of cargo on behalf of the E company to KRW 51,677,69.

The remainder after deducting the fee to be paid to the defendant shall be claimed as damages due to the defendant's default.

B. The defendant is exclusively responsible for the carriage of the defendant, not a party to the contract of this case.

Around February 2015, the Defendant written a written waiver to the Plaintiff, and the instant contract was terminated around that time.

The plaintiff received insurance money from Seoul Guarantee Insurance Co., Ltd. and transferred the plaintiff's damage.

3. Determination

A. 1) The Plaintiff, B, and the Defendant agreed in the instant contract that “If the title holder of the contract is not the actual operator, the actual operator of the door-to-door agency jointly bears the responsibility and obligations that B owes to the Plaintiff under this contract, and the actual operator shall jointly keep one copy of this contract after signing and sealing it with B (Article 7(3)). The Defendant signed and sealed the “actual operator” column under the instant contract, and the Defendant and B signed and sealed it to the Plaintiff on December 16, 2014.

3. On December 23, 2014, the Plaintiff urged the Defendant and B to implement the instant contract.

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