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(영문) 서울남부지방법원 2020.11.19 2019나64240

손해배상금 등

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at quasi-investment advisory business, investment, asset management business, etc., and the Defendant entered into a contract with the Plaintiff as follows, and was engaged in the business of soliciting potential customers to enter into a membership contract with the Plaintiff by posting phone calls from potential customers based on the database, such as the name and telephone number provided by the Plaintiff (hereinafter “Plaintiff-providing database”) (hereinafter “instant business”).

B. On August 29, 2018, the Plaintiff entered into a contract with the Defendant for the following terms under the name of “TM-based consignment contract”.

The purpose of Article 1 [Purpose] A (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) is to entrust Party B (the Defendant refers to the Defendant; hereinafter the same shall apply) with the TM-out franchise business (hereinafter referred to as “entrusted business”) and to provide for the basic matters, procedures, etc. necessary for performing Party B’s duties as a good manager.

Article 2 [Period of Entrustment Contract] (1) The period of entrustment of business shall be from August 29, 2018 to August 29, 2020.

(2) No Party B may unilaterally terminate the entrustment contract without the consent of Party A.

If the period referred to in paragraph (1) is limited, it shall be automatically extended to one year, except in extenuating circumstances.

However, it may be terminated under consultation.

Article 3 [Autonomous Performance] (1) B shall faithfully perform the duties specified in the terms and conditions of this entrustment contract and the duties entrusted by A, and shall endeavor to create business performance in good faith.

(2) B is a free vocational income earner who independently provides his/her services and receives his/her service fees, and is not a worker governed by the Labor Standards Act.

(3) An entrusted duty shall be solely responsible for the entrusted duties until the entrusted duties are completed, and the entrusted duties shall be performed by intention.

참조조문