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(영문) 서울중앙지방법원 2018.04.18 2017나59149
정산금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The purpose of Article 1 (Purpose) of the Local Agent Contract for Basic Fact-Findings (KGB) and the Defendant’s use of the KGB brand, thereby realizing high quality selective distribution services and clarifying the mutual rights and obligations in establishing local agencies for the Plaintiff’s selective assignment services entrusted and the Defendant’s performance of duties.

Article 3 (Term of Contract) The term of this Agreement shall be from July 1, 2011 to June 30, 2012.

4. If no separate declaration is made in writing not later than three months before the expiration of the term of this contract, the contract shall be deemed to have been renewed under the same conditions.

Article 4 (Responsibility and Obligations)

1. The plaintiff grants the defendant the right to run the case-to-door distribution business within the collection and delivery area contracted to the defendant.

Article 5 (Contents of Business) The defendant shall faithfully perform all business affairs related to the collection and delivery of goods requested by the customer using the Plaintiff’s home service.

Article 11 (Alternative Fares)

1. The defendant, according to the criteria determined by the plaintiff, shall collect the alternative cargo rates from customers in his/her own name, and the defendant is responsible for the collection and delivery of the cargo handled by the defendant, customer taxes, etc.

Article 19 (Handling Fees) The handling fees shall be between the Plaintiff and the Defendant that the customer pays according to the prescribed regulations the expenses related to the handling of the goods requested by him using the Plaintiff’s home service, and the handling fees shall be applied as follows:

1. The defendant shall collect the handling fees from customers under his/her own name according to the standards set by the plaintiff, and the defendant shall be responsible for the collection and delivery of goods to the defendant.

2. Based on the allocation of the agency fee to 40% of the agency fee, 30% of the agency freight, and 30% of the agency freight, there shall be a separate fee table provided by the Plaintiff.

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