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(영문) 광주고등법원(전주) 2016.09.22 2015나100131

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation engaged in CATV broadcasting business, facilities-based telecommunications business, etc., whose business territory covers the areas of Yasan-si and Gunsan-si, and the Defendant is a person who registered C’s business to engage in the business of installing communications cables with the Defendant’s dynamic B, including TM counseling.

B. On July 12, 2012, the Plaintiff entered into a contract with the representative Defendant C, and the Plaintiff’s composite cable broadcasting and super-high speed Internet business to entrust the business of attracting customers with the business of attracting customers (hereinafter “instant contract”). The main contents are as follows.

Article 1 (Purpose) The purpose of the instant contract is to determine C and C, which is the trustee, and the basic principles necessary for attracting and installing customers, and all related matters when the Plaintiff, the truster, carries out the composite cable broadcasting, super-high speed Internet, Internet telephone business, etc.

Article 4 (Responsibility and Obligations)

1. The plaintiff and C shall observe the contract of this case in good faith and perform their best to fulfill their responsibilities and duties.

2. C shall actively engage in business activities through regional marketing, such as advertising and public relations, to secure customers within its business territory and shall not engage in any conduct contrary thereto.

3. C shall make every effort to meet customer requirements in order to attract and maintain customers.

Article 6 (Scope of Entrustment of Duties, etc.) (1) Entrusted duties by C shall be as follows:

1. Various marketing activities to attract and maintain customers;

2. Performance of contracts by proxy and customer management under contracts with the attraction of customers (not later than one month after establishment);

3. Business for apartment houses, multi-household houses, etc. to attract customers;

4. Handling of the affairs related to A/S and the dispatch of the civil petition site to a customer installed by C within one month from the date of establishment.

5. Other activities incidental to the attraction of customers.