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(영문) 춘천지방법원원주지원 2015.12.03 2013가합5592

위탁수수료 등

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the sales of mobile phone devices (hereinafter “phones”) and the solicitation management business for the entrustment of mobile communications services, and the Defendant is a mobile communications business operator.

B. From February 1997 to April 2013, the Plaintiff entered into a contract for the entrustment of mobile communications services with the Defendant (hereinafter “instant entrustment contract”) and an agreement for the entrustment of services with the following principal contents (hereinafter “instant entrustment agreement”). As the Defendant’s agent, the Plaintiff entered into a contract for the entrustment of mobile communications services and an agreement for the entrustment of services with the Defendant (hereinafter “instant entrustment agreement”). The Defendant paid commission and sales incentive to the Plaintiff.

Article 2 (Observance of Relevant Provisions) (1) of the Trust Contract of this case (referring to the plaintiff) of the agency (referring to the plaintiff) shall comply with the Acts and subordinate statutes, terms and conditions of use, and business regulations of the company (referring to the defendant) in performing the entrusted duties under this contract.

Article 4 (Scope of Entrusted Services) The scope of services entrusted by a company to an agency shall be governed by a separate agreement.

Article 18 (Agency Fees) (1) A company shall pay the following fees to an agency, as provided for in a separate agreement:

1. Commissions for soliciting customers;

2. Fees on customer management;

3. A company under Article 26 (Assistance, etc. to Agency) (3) may pay sales incentives, etc. according to the performance of entrusted duties by an agency, and the method of payment shall be governed by a separate agreement.

【Entrustment Agreement of this case】 Article 1 (Assignment of Entrusted Affairs) (1) Business entrusted by a company to an agency is as follows:

1. Performance of affairs concerning customers by mobile telephones and subscription thereto as an agent and affairs incidental thereto;

2. Business of maintaining subscription to, and managing customers of mobile telephones solicited by the agency, and business of customers;

3. Receipt of fees and alteration of various services for the mobile telephone customers of the company;