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(영문) 서울동부지방법원 2015.08.27 2014가단104880

보관금반환

Text

1. The Defendant: (a) KRW 28,00,000 for the Plaintiff and 5% per annum from May 23, 2013 to August 27, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person operating a mobile phone sales agency (hereinafter “portable mobile phone”) with the trade name “B,” and the Defendant is a corporation that engages in the electronic, electrical, computer manufacturing and sales, and mobile phone wholesale business.

B. On May 23, 2011, the Plaintiff entered into a contract on sales and entrustment of a mobile phone (hereinafter “instant contract”) with the content that if the Plaintiff received a mobile phone from the Defendant and sold a mobile phone to a general consumer in accordance with the sales policy set by the Defendant, the Plaintiff would receive consignment fees set by the Defendant.

C. Among the content of the instant contract, the main contents pertaining to the instant case are as follows.

1) Costs incurred by the Plaintiff and the Defendant’s actual performance (such as the use of name, telephonephones, forgery of identification cards, failure to notify the opening conditions at the time of sale) in the course of performing their duties shall be within 10 days from the date of bilateral confirmation, and the Plaintiff and the Defendant shall, without delay, notify the other party of the fact that the Plaintiff’s actual performance or error was discovered (Article 3(7) 2) of the goods sold by the Plaintiff (Article 3(7) of the Act). The Plaintiff shall be liable for the fraudulent use of name, regardless of the period for the illegal use of name, and the expenses incurred by the illegal use of name, the illegal use

(2) Paragraph (2) 3 of Article 7 is effective for six months from the date of conclusion of the instant contract and shall be renewed every six months in accordance with policy amendment. In the absence of a separate intention of termination, the instant contract shall be automatically extended (Article 8 (2) 4). The Plaintiff may not terminate the instant contract for any reason from the date of occurrence of the surety insurance policy to the expiration date.

(1) Paragraph (1) of Article 10. The Plaintiff shall subsidize at least 50% of the guaranteed premium when selling at least 30 new monthly (90 days) monthly from the start date of a new transaction (Article 10(2). The Plaintiff shall meet 150% of the revolving rate for three months (90 days) from the start date of a new transaction (Article 10(3).