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(영문) 수원지방법원 여주지원 2018.10.11 2018가단50999
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 1, 2015, the Plaintiff entered into a contract with the Defendant to set the period from October 1, 2015 to September 30, 2017, under which the Plaintiff entered into a contract with the Defendant with the effect that the Plaintiff would operate a Cagency for the collection and delivery of the Defendant Company’s selective cargo.

At the time of the above contract, the Plaintiff and the Defendant set the contract performance guarantee amount at KRW 30 million, and the Plaintiff concluded the performance guarantee insurance contract with the D company as the insured with respect to the above contract performance guarantee (hereinafter “instant insurance contract”).

B. On March 31, 2017, the Plaintiff agreed to extend the above contract with the Defendant, and concluded an entrustment contract with a door-to-door agency, which is to receive the freight paid by the customer in accordance with the provisions on the freight rates paid by the customer, on consignment of various door-to-door distribution services (such as cargo collection and delivery services) that are sent and requested using the Defendant’s door-to-door service brand from April 1, 2017 to March 31, 2019.

(hereinafter referred to as the “instant contract”). The Plaintiff and the Defendant agreed to the settlement of the “handling fee to be paid between the parties at the time of the instant contract” (referring to the amount according to the rate to be paid and received by a customer in connection with the handling of the goods requested by the Defendant using the Defendant’s home service in accordance with the provisions set forth in the fare) and the above handling fee, which is the amount imposed and deducted by the Plaintiff directly from the customer, on and from the customer’s door-to-door cargo charges, various charges (claters, expendable expenses, panel dues, rent, equipment purchase expenses, equipment purchase charges, call bareboat charges, advance deposits, loans, etc.).

C. Article 24 of the instant contract violates the period stipulated in this contract by “B” in relation to the performance, etc. of alternative transport services.

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