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(영문) 서울남부지방법원 2020.12.23 2019가단243479

물품대금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 125,411,019 and Defendant C with respect thereto from August 9, 2019.

Reasons

1. Facts of recognition;

A. The relevant Plaintiff’s related Plaintiff refers to all services, such as credit card companies and credit sales approval, and automatic transfer of credit sales proceeds, provided by value-added network providers (referring to those registered with the Financial Services Commission in accordance with the Specialized Credit Financial Business Act for value-added networks, such as credit cards, as defined in Article 2 subparag. 3 of the Specialized Credit Financial Business Act) by credit card companies and chain stores.

Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that conducts business of soliciting franchise stores, such as the installation of credit card terminals through an agency contract with the Plaintiff, and Defendant C is a joint and several surety of the Defendant Company.

B. On July 8, 2015, including the conclusion of agency contracts between the Plaintiff and the Defendant Company, the Plaintiff entered into an agency contract (hereinafter “instant agency contract”) with the Defendant Company regarding the recruitment of van service franchise stores, etc. On the same day, the Defendant C jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff under the instant agency contract.

The main contents of the instant agency contract are as follows.

The plaintiff of an agency contract (hereinafter referred to as "company") and the defendant company (hereinafter referred to as "agency") shall conclude an agency contract as follows:

Section 1. (Purpose of this Agreement) This Agreement aims to clarify the rights and obligations of each party following the selection of an agency to delegate the agency with all affairs for the provision of “VN services” to a chain store, thereby achieving a common development.

Article 3 (Definitions)

1. A chain store: A customer who receives VN services from a company;

3. The term “products” means all machinery, hardware and parts and accessories necessary for a company to provide VN services;

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