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(영문) 대구지방법원서부지원 2016.06.08 2016가단51327

채무부존재확인

Text

1. The plaintiffs against the defendant under an agency contract concluded on July 15, 2013 between the plaintiff A and the defendant.

Reasons

1. Basic facts

A. On July 15, 2013, Plaintiff A entered into an agency contract with the Defendant with respect to the entrustment of attracting subscription to mobile communications services (hereinafter “instant agency contract”). On July 10, 2013, Plaintiff B jointly and severally guaranteed the Defendant’s obligation under the instant agency contract.

The agency contract company (referring to the defendant; hereinafter the same shall apply) and the agency (referring to the plaintiff A; hereinafter the same shall apply) shall conclude the following agency contract:

This Agreement is composed of an agency contract (hereinafter referred to as "this contract") and an individual service contract (hereinafter referred to as "subsidiary contract") under the service of the Home Service Center, Home Business Specialized Agency, and BS (hereinafter referred to as "subsidiary contract").

Article 23 (Term of Contract)

1.This Agreement shall become effective by the end of the year in which the Company and the Agency have concluded this Agreement.

Provided, That if the period from the date of conclusion of a new contract to the last day of the year is less than six months, the company and agency shall determine the contract period within six months to one year by a separate written agreement.

2. The contract shall be considered to have been automatically terminated on the expiration date of contract period unless a separate written agreement exists; and

Article 25 (Cancellation and Termination of Contracts)

2. Where an agency falls under any of the following subparagraphs, the company shall request the correction thereof at a 14-day advance peremptory notice, and even if no correction is made, the company may cancel or terminate this contract, and the agency shall lose the benefit of time for all obligations of the company:

1) Where it is difficult for an agency to normally perform this Agreement due to the aggravation of its business status, such as extremely poor subscription performance for a given period of time, 3) the agency’s representative’s accident, hospitalization, etc., or any other similar justifiable cause is suspended for not less than one month, or the agency’s place of business is not operated, the agency’s trust is damaged.