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(영문) 부산지방법원 2017.01.20 2014가단87478

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,287,188 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from November 15, 2014 to January 20, 2017.

Reasons

1. Basic facts

A. The Defendant is an agent of SK Telecom Co., Ltd. (hereinafter “SK Telecom”), a mobile communications business operator under the Mobile Device Distribution Improvement Act (hereinafter “The Mobile Device Distribution Act”), and the Plaintiff is a sales store that disposes of the conclusion of a contract between SK Telecom and users by means of a contract for sales on consignment of telecommunications equipment with the Defendant (hereinafter “instant contract”).

The plaintiff's trade name "B" or its substantial business is "B" as the plaintiff's husband, and the defendant is aware of this and does not raise any objection to the issue of who is the party. Thus, in this case, C's act is to be judged as identical to the plaintiff's act for convenience.

B. At the time of the conclusion of the instant contract, the Plaintiff and the Defendant: (a) at the time of the conclusion of the instant contract, the Plaintiff and the Defendant: (b) at the time of the conclusion of the instant contract, the Defendant would have to pay the Plaintiff sales commission ( commission) to the Plaintiff after deducting the cases of abnormal subscription to mobile phones and the cases of termination of additional services from the time of the termination of the transaction; and (c) the Plaintiff would have suffered monetary loss from the Defendant due to abnormal sales, such as largephones, tinphonephones, 6 months or less; and (d) ex officio termination without the history of collection of fees (hereinafter referred to as “unfair sales loss”).

(2) Accordingly, the Defendant settled the amount calculated by deducting the amount of abnormal sales loss from the sales commission for the consignment sales of the Plaintiff’s mobile phone (hereinafter “portable phone”) as of the end of each month by paying to the Plaintiff on the last day of the following month.

C. The Plaintiff’s online consignment based on the mobile phone consignment on June 2014 and July 2014.