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(영문) 광주지방법원 2014.11.21 2014가합972

수수료 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 7,202,510 to the Plaintiff (Counterclaim Defendant) and its related amount from October 29, 2013 to November 21, 2014.

Reasons

1. Basic facts

A. On March 15, 2012, the Plaintiff, with the trade name, engaged in the Handphone sales business (tentatively named sales store) from March 15, 2012, closed on August 27, 2013, and the Defendant was established on June 25, 2012, and operated B together with the Plaintiff in a manner of dividing half of net income after deducting expenses as the Plaintiff’s employees.

B. On July 5, 2012, the Plaintiff, C, and the Defendant concluded a consignment sales contract with the truster, the trustee, and the Plaintiff’s actual manager (hereinafter “instant contract”).

C. The main contents of the instant contract are as follows.

The defendant of the entrusted store (hereinafter referred to as "A"), the plaintiff of the entrusted store, and C (hereinafter referred to as "B") shall agree on the transaction agreements and policies aimed at promoting mobile telephone sales as follows:

This Agreement provides that the defendant agrees on and complies with the matters concerning the sales promotion, the sales of the device and the mobile communications services that the defendant trades for the purpose of attracting subscribers.

Article 1 (General Provisions) "B" shall actively endeavor to determine the sale of the goods designated by "A" (hereinafter referred to as "goods") at a selling handling place by a separate method, and shall provide instructions, guidance, or assistance in the sale method and other measures, and in response, "A" may provide "B" with incentives for sales promotion.

Article 2 (Responsibility) "B" is a general responsibility for the portion of sales sold by the president or employee at the store, and in principle, shall be returned not only to the principal of the contract documents for the purpose of sales, but also to the third party within the date determined by "A". Personal information shall not be provided without the consent of the relevant user for any purpose other than the original purpose, and all the responsibilities of the public, criminal, etc. shall be provided to "B".

(Name-to-door Sales) The mobile phone sales of “B” and