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(영문) 인천지방법원 2015.05.21 2014나14405

물품대금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Defendant related to the party is a company that entered into a contract with the KS Telecom Co., Ltd. (hereinafter “Scom”) to entrust the business of attracting subscribers, receiving fees, supplying mobile devices, etc., and the Plaintiff operates the mobile communications store in the name of “B”.

B. On September 19, 201, the Plaintiff entered into the instant contract with the Defendant, where the Plaintiff was supplied with a cell phone device from the Defendant and sold it to the customer, and had the customer subscribe to the mobile communications service provided by the Estecom, the Plaintiff entered into a consignment contract with the Defendant to receive business subsidies, such as commission fees, and entered into a payment agreement with the Defendant at the time of opening or closing the transaction, and submitted a written undertaking to prohibit operation of the law of inconvenience to the Defendant. The main contents are as follows.

Article 2 (Supply of Goods) (1) A (the Defendant; hereinafter the same shall apply) (the instant consignment contract) provides a communications device product sold by the Party A as consignment at the judgment of the Party A.

(2) B (the plaintiff, hereinafter the same shall apply) shall faithfully perform the duty as a trustee at the time of selling Party A’s communications device products entrusted by him/her.

(4) B shall, when the goods provided by A have been lost or lost, compensate for them in cash at the price offered by A.

Article 6 (Payment of Fee) (1) Payment of installment commission shall be made on the date determined by A and B in the event that the goods entrusted to B are sold to the end user of the goods, and there is no defect in each other in the documents.

(2) When goods supplied by Gap are sold in installments, the allowances determined by Gap may be paid to Eul, and as much as the allowances paid to Gap shall be issued to Eul.

(4)