손해배상 및 보증채권
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. The Plaintiff is a company whose purpose is telephone number guidance business and information and communications business, and Defendant B (hereinafter “Defendant Company”) is a company that runs mobile phone opening and wholesale and retail business, and Defendant C is a representative director of Defendant Company.
B. On February 10, 2017, the Plaintiff entered into a consignment contract with the Defendant Company on consignment with the content that the sales of mobile devices, including mobile phones, was entrusted to the Defendant Company (hereinafter “instant contract”). Defendant C guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant contract.
The main contents of the instant contract are as follows.
[Contract for Entrustment Sales] Article 3 (Scope of Entrusted Business) (1) The plaintiff shall entrust the following affairs to the defendant company:
1. Affairs concerning subscription, etc. to wire and wireless communications services and vicarious execution of affairs incidental thereto;
2. Article 8 (Fees) of the agency for ex post facto services to customers shall pay the following fees, as agreed in a policy letter that provides the defendant company from time to time:
1. Sales commission;
2. Article 12 (ownership and Sale of Goods) ① Ownership of the goods supplied by the Plaintiff to the Defendant Company is the Plaintiff.
(2) When a claim for return is filed against the goods supplied by the plaintiff, the defendant company shall immediately comply with such claim and cooperate in an investigation into the management status during the storage period.
③ The Defendant Company shall sell goods only at the price agreed with the Plaintiff and in such a manner as agreed.
Article 14 (Provision of Security) (1) In order to secure the following obligations, a consignment transaction store shall provide security of KRW 100 million to the plaintiff, such as real estate, bank payment guarantee, surety insurance, etc., to the plaintiff by the day before the conclusion of the contract
Article 15 (Term of Validity of this Agreement) (1) The term of validity of this Agreement shall be February 10, 2017 to February 9, 2018.
Plaintiff
or one of the defendant companies shall have the expiration of the contract.