(영문) 춘천지방법원원주지원 2019.05.15 2018가단306255

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(영문) 춘천지방법원원주지원 2019.05.15 2018가단306255

약정금

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1. The Defendant’s KRW 53,622 as well as the Plaintiff’s annual interest from August 24, 2018 to May 15, 2019.

Reasons

1. Facts of recognition;

A. A. Around December 1, 2017, the relationship between D Co., Ltd. (hereinafter “Nonindicted Company”) and the parties (hereinafter “Nonindicted Company”) entered into a cargo transport cooperation agreement with the Nonparty Company to the effect that the Plaintiff transported the goods requested by the Nonparty Company and received a fixed transport fee from the Nonparty Company. From that point to May 31, 2018, the Plaintiff provided cargo transport services from that point. (2) The Defendant entered into a contract with the Nonparty Company on selective consignment with the purport that the Defendant would pay a certain percentage of the sales amount to the Nonparty Company while operating the Nonparty Company’s agency, and operated the ancillary branch of the Nonparty Company.

B. The non-party company, the plaintiff, and the six agents of the non-party company, including the defendant, agree to pay the non-party company's debt to the plaintiff within the scope of their own debt (hereinafter "the third party agreement of this case")

(2) On June 27, 2018, “Agreement on the Offset of Claim Obligations” [Attachment] (hereinafter “Agreement on 3rd Parties”) with the following content:

was drawn up. The agreement of set-off of claims and obligations / [agreement] between the non-party company, the plaintiff and the agent of the non-party company (hereinafter “the defendant, etc.”).

) As to the claims and obligations between the parties, I agree to pay by subrogation from June 27, 2018 to December 31, 2018, and set off in writing only the amount that has been notified to Gap, and agree not to raise any objection, as follows:

2. The Defendant, etc., on behalf of the non-party company, is the deposit account in the name of the plaintiff in the name of the non-party company, within the scope of the amount of the obligation that the non-party company should pay to the non-party company as to the above consignment agency contract claim and the claims related to cargo transport

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