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(영문) 서울중앙지방법원 2017.01.17 2015가단5292588
수수료 등 청구의 소
Text

1. As to KRW 77,063,20, and KRW 21,072,150 among the Plaintiff’s counterclaim, the Plaintiff (Counterclaim Defendant) shall have on December 11, 2014.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On November 23, 2012, the Plaintiff entered into a contract of carriage of selective agency (hereinafter “instant agency contract”) with the Defendant as follows.

B. (1) The term of the instant agency contract: (2) from December 1, 2012 to November 30, 2014, the scope of the agency business under Article 5 (2) of the instant agency contract; (3) The Plaintiff performs the duty of collecting, storing, classifying, handing over, delivering, transporting, transporting, returning and exchanging the instant cargo in accordance with the small cargo transport contract that the Defendant entered into with the customer.

(2) The plaintiff shall conduct new business development related to the customer, claim for transportation fees from the developed customer, receive money, and manage the accounts receivable.

(3) The plaintiff shall conduct the work of accurately preparing and reporting reports requested by the defendant, such as the transportation site, registration, processing of cargo, collection, delivery report, delivery certificate, submission of delivery certificate, etc. received from the defendant.

(3) The management of the money, deposits, and attempted bonds under Article 9 (1) 1 shall have the transaction partner deposit the cost of the carriage of the cargo into the account designated by the defendant, and shall pay the cost of the carriage of the cargo directly from the transaction partner to the account designated by the defendant without delay.

In addition, the plaintiff agrees to pay the freight in accordance with the "Rules on Agency Freight Payment" in relation to the payment of full arrival and credit sales.

② The Defendant shall pay the Plaintiff the commission for development and collection in return for the business development and the handling of the gold business, and the Plaintiff shall bear the burden of the final collection of the commission for the instant cargo transport, where the business development customer fails to pay the commission for the instant cargo transport contract concluded with the Defendant by the due date for the contractual payment, or where it fails to pay the commission for the instant cargo due to default

③ The Defendant may claim the interest for delay in payment to the Plaintiff, and the interest for delay.

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