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(영문) 수원지방법원성남지원 2015.11.12 2015가단203836
배송수수료지급 청구의 소
Text

1. The Defendant’s KRW 11,92,966 for the Plaintiff and its related KRW 6% per annum from March 10, 2015 to November 12, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that provides selective distribution services, etc., and the Defendant is a company that carries out cargo transportation, etc.

B. On November 26, 2012, the Plaintiff entered into a contract with the Defendant for the carriage of selective services (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

[Article 2: Scope of Agency Services] B (Plaintiffs) will perform part of the logistics services for Gap (Defendants) and perform collection, delivery, and COD services upon Gap's entrustment.

[Article 7: Settlement of Fees] B shall claim for the settlement amount calculated in accordance with the standards for transportation commission fees to A by the fifth day of the following month, and Gap shall pay to B the 27th day of each month in accordance with the payment provisions of A.

[Article 12: Contract Terms] This Agreement shall become effective for one year from December 1, 2012 to November 30, 2013, and shall be notified in writing to the other party two months before the expiration of the contract, if it is intended to terminate the contract.

In addition, unless the contract termination intention within the period is notified, it shall be automatically extended as much as the initial contract term is extended.

C. The instant contract was automatically extended once.

On August 25, 2014, the Plaintiff notified the Defendant of the termination of the instant contract.

By November 5, 2014, the Plaintiff performed delivery service under the instant contract.

The delivery fee incurred from October 1, 2014 to the suspension of the delivery service is KRW 38,409,707, and the Plaintiff was currently unable to receive KRW 28,409,707, among them.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Assertion and determination

A. 1) The Plaintiff asserts that the Defendant shall pay the aforementioned unpaid delivery fee of KRW 28,409,707 to the Defendant. 2) The Defendant asserted that there is no money to be paid to the Plaintiff when offsetting the following claims against the Plaintiff:

① The Plaintiff’s unilateral delivery of damages claim amounting to KRW 15,820,703 remains, even if the contract term remains.

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