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(영문) 서울중앙지방법원 2015.08.21 2014가합4557

구상금

Text

1. Defendant C’s KRW 30,595,005 as well as 5% per annum from June 16, 2015 to August 21, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that concludes a contract with the KT and the entrusted agency, and is engaged in the sales of wired and wireless telecommunications goods and customer management.

B. On July 1, 2012, the Plaintiff entered into a consignment contract with the business chain registered under the name of Defendant B (hereinafter “E”) and the Plaintiff, which stipulates that the Plaintiff shall entrust the sale, management, etc. of mobile phones and related goods and pay fees (hereinafter “instant consignment contract”).

The main contents of the above contract are as follows:

Plaintiff

Article 2 (Status of B)

1. Eul shall arrange for a contract related to entrusted duties between the subscribers and Gap for the purpose of Gap, and shall perform the identification of the subscriber, the verification of the authenticity of documents, the customer satisfaction service, and other matters additionally entrusted by Gap;

B shall receive the prescribed fees from A in connection with the performance of such entrusted duties.

Provided, That in principle, tax invoices shall be issued because the amount of fees is included in value-added tax.

2.B shall bear all expenses incurred in relation to the performance of entrusted services, unless otherwise specified.

3. B shall not bear any obligation under the name of a third party A, nor shall he/she bear any obligation.

Article 3 (Obligation of Eul)

1. He/she shall carry out in good faith the duties entrusted under the provisions separately prescribed by A for this contract and B, and shall not carry out in absolute terms the acts of identity theft and unfair sale, the acts of attracting illegal subscribers, etc. to achieve performance results, and sales activities without prior consultation with A;

2. Where a Handphone is used in the course of performing the entrusted duties of Eul (title name lending, an excessive occurrence of abnormal monetary capacity, occurrence of monetary capacity using equipment, etc.) may terminate the handphone involved without prior notification, and it is caused by an agreement between the subscriber and B, etc. without relation to the lack of explanation, voluntary registration, and agreement, etc.