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(영문) 서울고등법원 2018.08.16 2017나2054006

약정금

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of premise;

A. On August 201, the Defendant entered into an agency contract between the Plaintiffs and the Defendant: (a) around August 201, the Plaintiff Company A (the name of the company before the change: C; hereinafter “A”) and the Plaintiff Company B (the name of the company before the change: D; hereinafter “B”); and (b) around May 2012, each Defendant entrusted the attracting, management, and other services of the mobile communications subscriber to the Plaintiffs as agents; and (c) the Plaintiffs entered into an agency contract with the Plaintiffs to perform the relevant entrusted duties and the supply, etc. of the ancillary goods.

On December 20, 2012, the Plaintiffs and the Defendant concluded a new contract specifying the contents of the existing contract.

(hereinafter referred to as “each agency contract of this case”). The contents of each agency contract of this case relating to this case are as shown in the attached Form.

(B) The contract is the standard for the contract concluded around December 20, 2012, and the transfer contract also provides the same purport.

The Plaintiffs’ violation of each agency contract of this case 1) Plaintiff A had induced customers from April 2012 to July 2012, and Plaintiff B had induced customers from June 2012 to September 2012 as the Defendant’s agent, and had them enter into an agreement between the subscribers and the subscribers on the part of the penalty and the installment of the device and the installment of the new device with respect to the existing telecommunications business, and on the part of the installment, the depth expenses, the subscription expenses, etc., to be paid by the Plaintiffs, but did not perform the said agreement (hereinafter “unfair business act”).

(2) On August 9, 2012, Plaintiff A’s representative E submitted a written confirmation to the Defendant that “All customer complaints shall be resolved and all civil and criminal responsibilities arising from the failure to process customer petitions.”

3 On September 19, 2012, “F” of Plaintiff B’s representative director is as follows: The name of the company after D’s change: B’s representative entered into an agency contract with LG Plus Co., Ltd.;