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(영문) 서울중앙지방법원 2018.04.06 2016가단5305177

손해배상

Text

1. The Plaintiff:

A. Defendant A, B, and C jointly and severally with the Plaintiff KRW 67,754,467 and their related thereto on May 11, 2011.

Reasons

1. The fact that there is no dispute with him/her;

A. The Plaintiff and Defendant A’s trade name were “D” but changed on July 19, 2013.

On January 14, 2011, the Plaintiff entered into a consignment agency contract with the purport that the Plaintiff entrusts the Defendant with the affairs of the Plaintiff’s purchase of goods and services and the execution of its incidental affairs, etc., and pays the Defendant fees by goods and services in return.

(hereinafter referred to as “instant consignment agency contract”. Article 34(1) of the instant consignment agency contract provides that “Where a consignment agency causes damage to a third party, such as a plaintiff or customer, by violating this contract or relevant agreements, obligations under statutes, or business process regulations, the consignment agency shall compensate for damage to the third party, such as the plaintiff or customer, regardless of whether the contract is terminated or not.”

Defendant B (Defendant A representative director), and C entered into a joint and several guarantee agreement with the Plaintiff on the same day, including the product cost liability (the principal and premium liability of all kinds of goods such as devices) that Defendant A bears to the Plaintiff according to the instant consignment agency contract.

(2) On February 10, 201, Defendant Seoul Guarantee Insurance Co., Ltd. concluded a guarantee insurance contract with Defendant A with the following content (hereinafter “instant guarantee insurance contract”).

2) Insured: The Plaintiff, the amount of insurance coverage: 250 million won, the insurance period: the liability for damages under an agency contract with a mobile network operator from February 11, 201 to February 10, 2013, and the special clause clause clause of the local level-guaranteed product price: The agent's price of the relevant radio network product, deposits in exchange for subscription/management, return of the relevant goods, etc., and other damages incurred by the insured due to his/her failure to perform his/her liability for damages (the name of the main contract: the contract term of the instant entrusted agency contract: from February 11, 2011 to February 1013, 2013.