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(영문) 대구지방법원 2017.09.07 2015가합205516

손해배상(기)

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 500,000,000 and the period from August 11, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On February 3, 2012, the Plaintiff entrusted the Defendant Company B (hereinafter “Defendant Company”) with the business of selling communication equipment, such as mobile phones, and other goods and services of the Plaintiff, and the Defendant Company entered into a consignment agency contract under which the Plaintiff received fees from the Plaintiff (hereinafter “instant agency contract”). The Defendant Company’s representative director, Defendant C, Defendant D, and E jointly and severally guaranteed all the obligations owed to the Plaintiff by the Defendant Company that may arise under the said contract.

The main contents of the above contract are as follows:

[Entrusted Agency Contract] In the event that an entrusted agency performs its obligations to A (referring to the plaintiff; hereinafter the same shall apply in this contract) of an entrusted agency (referring to the defendant company; hereinafter the same shall apply in this contract) under Article 26 (Appropriation of Performance), or appropriates A for offset, etc., if the entrusted agency performs its obligations, or the allowances for repayment are not extinguished by set-off, A may cover the obligations in the order falling under any of the following subparagraphs:

A and entrusted agencies may separately determine the method of detailed appropriation by mutual consent.

1. Obligations to return money, goods support, leased expenses and value of goods leased to a commissioning agency under this contract and related agreements;

2. Obligations of public imposts (the sum of the amounts collected as provided in Article 7 (2), damages as provided in Article 34, and amounts collected ex officio as provided in Article 3 (1) (b) of the Additional Agreement on Business Affairs; hereinafter the same shall apply);

3. Obligation to pay for the goods under Article 23;

1. Where a entrusting agency causes damage to a third party, such as A or a customer, by violating this contract or related agreements, legal obligations, or business performance rules, the entrusting agency shall compensate for the damage to a third party, such as A or customer, regardless of the termination of the contract;

[Additional Agreements on Business Affairs] Article 2 (Scope of Unfair Business Practices) (1)