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(영문) 수원지방법원안양지원 2014.08.21 2012가합7811
수수료 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 489,904,971 to the Plaintiff (Counterclaim Defendant) and its amount from December 12, 2012 to August 21, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs a general cargo transport agency business, etc. with its head office located in 18 Simma2tel-dong, Chungcheongnam-si, Sung-si, Sung-si, and the Defendant is a company that runs a food manufacturing business, an agricultural product processing business, and an agricultural product cultivating business, etc. with its head office located in 186 Simpo-dong, Simpo-dong.

B. Around July 2011, the Plaintiff entered into a logistics agency contract with the Defendant (hereinafter “instant contract”) and drafted a logistics agency contract. The main contents are as follows.

In addition, the above contract is accompanied by “the number of direct purchase stores and food materials center” and “the number of logistics courses and vehicles”. According to the above “logistics courses and the number of the vehicles”, the fixed distribution courses under the instant contract are 29 courses and the number of the vehicles to be put into work are 37 vehicles including two supporting vehicles.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to entrust the goods necessary for the business of “A” to “B” (the plaintiff and the hereinafter the same shall apply) at the time and place designated by “A” (the defendant; hereinafter the same shall apply) with the logistics business, and the “B”, upon being entrusted, to act for the logistics business by way of good faith and sincerity.

Article 2 (Scope of Business Activities) The scope of business activities under Article 2 (Scope of Business Activities) includes all logistics activities such as transportation, loading, unloading, tallying, keeping, shipping, packing (distribution of business places within the customer store of A and the customer center) and the handling of return, and all other logistics activities such as evidence and free support promotions related thereto, and the detailed items performed by “B” on the basis of this Agreement are as follows:

The place and time of the designation of “B”’s logistics center and “A” in the factory warehouse of “A” shall include the factory of “A”, but not the business of transporting goods to “B” and “B” within the time (including the factory of “A”; Provided, That the same shall apply to the case

B. The duty to enter the logistics center of “B” and to examine at the time of shipment

C. It was entered into the logistics center of “B”.

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