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(영문) 부산지방법원 2016.10.20 2015가단222766

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A’s KRW 185,026,260 as well as 5% per annum from September 19, 2014 to February 27, 2016.

Reasons

1. Facts of recognition;

A. The status of the parties and the conclusion of the consignment sales contract (1) The Plaintiff is the agent of the SK Telecom established for the purpose of selling information and communications appliances, etc., and the Defendant A was a person who actually runs the personal business of “E” and “F,” and was engaged in the retail business of mobile phones.

(2) On April 6, 2013, the Plaintiff entered into a consignment sales contract with Defendant B, a business owner of “F,” and Defendant C, a business owner of “F,” on February 13, 2014, with respect to the consignment of the Plaintiff’s mobile phone terminal, etc., respectively, and the main contents are as follows.

o Article 1 [General Provisions] B (the Defendants) shall make every effort to sell mobile phone terminals, etc. entrusted by Gap (Plaintiffs) and to perform affairs entrusted by Gap (Plaintiffs).

o Article 4 [Terms and Conditions of Entrustment] A provides B with business policies that specify sale prices, conditions of subscription, required documents, various supplementary goods and other terms and conditions of sale for the consignment sale of goods and the performance of entrusted duties, and B shall comply with all business policies, including:

(i)to receive applications for subscription and identification cards suitable for the type of sales in the course of the performance of entrusted duties and to deliver them to Gap within the agreed date after sales. The proceeds of the goods sold by Article VI (Price Payment) (1) or the amounts received from customers in accordance with the handling of entrusted duties shall be paid to Gap on the day following the date of sales or receipt of the goods.

o Article 12 1(1) of theo [Damages] provides for unpaid communications charges, terminal fees, and the full amount of such charges, in cases where a person who uses fraudulent names causes damage to Gap due to his/her failure to fulfill his/her duty of care to verify the identity of a purchaser of a product, shall be reimbursed to Gap. Article 16(Special Agreement on Sales Encouragement) of theo and Eul may agree on a certain standard exclusive sales period and the amount of incentives for the number of sold goods to be paid as sales incentives in the following year. (3) On the other hand, Defendant B and C may provide the Plaintiff with