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(영문) 서울중앙지방법원 2019.01.24 2018가합518122
용역비
Text

1. The Defendant’s KRW 2,494,432,505 and any of them shall be the Plaintiff:

A. From November 22, 2016 to April 4, 2018, KRW 136,128,200.

Reasons

Basic Facts

The following facts may be recognized by taking into account the respective descriptions of Gap evidence 1 through 5, Eul evidence 1 through 9 (including each number), and the overall purport of pleadings, and there is no counter-proof.

The Plaintiff (the former trade name was changed to “C”) as of December 19, 2016, and as of December 19, 2016, the Plaintiff (the former trade name was changed to “C”) is a company with the purpose of international multimodal transport business, maritime cargo, container transport business, and trucking transport business. The Defendant is a company with the purpose of marine cargo transport business, freight forwarding business, and railroad transport business between cities.

On September 29, 2014, the Plaintiff entered into a contract between the Defendant and the Defendant, “B king CY service contract between the Plaintiff and the Defendant, stating that “The Plaintiff provided container loading and unloading, equipment, and storage services through the king Land Condiner’s Ownership, and would be paid loading and unloading fees from the Defendant.”

(hereinafter referred to as the “instant facility use contract”). The parts relating to the instant case in the said contract are as follows:

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to provide for all matters of implementation following the provision of container loading and unloading, storage and storage services to the defendant by fulfilling the duty of due care as a good manager of the Plaintiff, who is the owner and operator of B king (hereinafter referred to as “facilities”).

Article 2 (Term of Contract) The term of contract shall be five years from September 29, 2014 to September 28, 2019, and shall be automatically extended on an annual basis if either of the parties refuses to renew the contract or to express its intent to modify the terms and conditions of the contract no later than three months before the termination of the contract.

Article 3 (CY Services) The Plaintiff shall provide CY Loading and Unloading Services to the Defendant under this Agreement and its Annexes.

- Article 4 (Rates and Adjustments) 1. Sheet work on or below containers, container storage/storage/containers/entry of containers.

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