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(영문) 대전지방법원 2021.01.26 2019나107720

채무부존재확인 등

Text

The judgment of the first instance, including a counterclaim claim extended in the first instance, shall be modified as follows:

(a)..

Reasons

1. Facts of recognition;

A. 1) The Defendant and C Co., Ltd. (hereinafter “C”) respectively operate the “I agency” (Defendant) and “J agency” (C) of the Co., Ltd. D (hereinafter “D”) and receive fees from D in return.

2) The Plaintiff, with the trade name of “E,” and “G,” respectively, operated the “I agency flexibility point” and “J agency flexibility point” (F), which is the fact that the Defendant and C entrusted the sales of telecommunications equipment such as mobile phones from the Defendant and C to the customer and received fees from the Defendant and C.

B. On July 23, 2015, the Plaintiff and F Company entered into a contract for the transfer of business (i) and the Plaintiff and F with the content that the Plaintiff takes over all rights and obligations and facilities of the “J agency fact” (hereinafter “instant contract for the transfer of business”). Around July 23, 2015, the Plaintiff and F Company entered into a contract for the purchase of D subscribers (Evidence A2-2) as follows.

D Policyholders' Purchase Declaration - Purchase Declaration - Purchase Agency (F) - Purchase Agency (E): approximately 1,910 A: Purchase Price: approximately 22,00,000 (sales Indication): Sales Agency (Trade Name): : F - Confirmation Person: J Agency M - The F will transfer the said insured to A.

Approval of the work related to the transfer of subscribers has already been carried out, and shall complete DNA work on July 31, 2015.

Revenues from the management fees due to the transfer of insured persons and the authority and responsibility for the management of insured persons shall belong to the buyer and shall not raise an objection to the seller and the confirmation person.

The buyer shall deposit the purchase price to the seller by July 24, 2015 (Provided, That the seller shall be the J agency due to the obligations of the entrusted agency.