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(영문) 수원지방법원안양지원 2016.10.06 2015가단1992
정산금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 13,159,898 to the Plaintiff (Counterclaim Defendant) and its amount from May 9, 2015 to October 6, 2016.

Reasons

The principal lawsuit and counterclaim of this case shall be deemed to be filed together.

1. Basic facts

A. On September 26, 2013, the Plaintiff, a company engaged in cargo franchise and franchise business, entered into an agency contract with the Defendant to operate the Plaintiff’s B agency (hereinafter “instant agency contract”). The main content of the instant agency contract is as follows.

Article 3 (Term of Contract) The term of contract shall be from October 4, 2013 to October 3, 2014.

1. If the defendant wishes to terminate this contract in the middle of the month, he shall complete the settlement after giving written notice to the plaintiff at least three months before the latest.

2. The defendant has a mandatory delivery period of three months on the basis of the date on which the mails related to termination or renunciation of the contract were received by the plaintiff.

3. The Defendant’s failure to faithfully perform the delivery duty during the period of mandatory delivery, thereby claiming to the Defendant all all the expenses incurred when the Plaintiff operates the delivery duty on behalf of the Plaintiff, and the Defendant must pay the amount claimed to the Plaintiff.

Article 4 (Responsibility and Obligations) The Plaintiff shall grant the Defendant the Plaintiff’s goodwill in 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 cargo requested by the customer using the plaintiff's home service, which are requested by the customer, in accordance with the terms of this contract.

Article 14 (cargo Accident and Liability for Damages)

2. Where it is impossible to ascertain the responsibility for cargo accidents, the head office, and delivery stores shall jointly bear expenses according to the prescribed rates and handle them;

5. In relation to other accidents not mentioned, the provisions for dealing with the plaintiff's accidents shall apply, and other matters shall be governed by the standard terms and conditions of door-to-door assignment.

Article 17 (Provision of Security)

1. In order to guarantee the performance of this contract, the Defendant is obliged to deposit KRW 10 million with interest free of charge to the Plaintiff as a contract performance bond.

7. Normality;

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