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(영문) 서울중앙지방법원 2017.07.12 2016가단43740
운송료
Text

1. The defendant shall pay to the plaintiff the amount of KRW 42,053,650 as well as the amount indicated in the "principal" column in the attached Table among them.

Reasons

1. Facts of recognition;

A. On May 15, 2013, the Plaintiff (i.e., the Plaintiff, regardless of the mutual change; hereinafter the same shall apply) engaged in the transportation business, etc. entered into an agency contract with A (hereinafter “instant agency contract”) with A on December 16, 2016. The relevant content of the instant agency contract is as follows.

Article 5. Scope of Agency Services. (2) “A” shall perform the collection, storage, classification, delivery, delivery, air transport, return and exchange carriage of stack cargo, and the confirmation of goods.

(hereinafter referred to as "A" shall conduct new business development related to customers, claims for transportation fees from developed customers, collection of money, and management of attempted bonds.

Article 9. Fees, Deposits, and Management of Unclaimed Claims. (2) "B" shall be paid to "A" in return for the development of business and the handling of prohibited business affairs.

(3) In return for the fee referred to in the preceding paragraph, where a customer who has been engaged in business and developed a business fails to pay the cost of carriage of the goods under the contract concluded with a “B” by the due date for the payment of the contract, or fails to pay the cost of carriage of the goods due to a default, etc., the final responsibility for collection of the cost of carriage of the goods shall be borne by “A”, and the final responsibility for collection shall include the responsibility for payment of the cost jointly

B. A, while operating the Plaintiff’s B agency, recruited the Defendant, etc. as its owner. On July 4, 2014, the Plaintiff entered into a transport contract between the Defendant and the Plaintiff’s B agency (hereinafter “instant transport contract”). The relevant content of the instant transport contract is as follows.

Article 7. (1) "B" shall pay a tax invoice to "A" (the defendant) on the designated date of each month after the close of the transport charge corresponding to the goods sent and quantity stated in the transport invoice at the time of request for carriage.

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