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(영문) 서울중앙지방법원 2019.07.25 2018가단5202517

근저당권말소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 2013, the Plaintiff entered into a door-to-door sales contract (hereinafter “instant contract”) with the Defendant, the representative of “D” operating C Handphone sales, etc., as follows:

Article 1 [Purpose of Contract] The purpose of this Agreement is to establish a business consignment relationship between the Plaintiff and the Defendant with respect to the sale of mobile communications wire goods performed by the Company, and to provide for the rights and obligations incidental thereto between the Plaintiff and the Defendant.

Article 2 [Status of Plaintiff] The Plaintiff shall arrange for an individual entrepreneur to enter into a contract between the customer and the Defendant with respect to the goods provided by the Defendant, and shall pay allowances for marketing franchises prescribed in (agency Telecom) for the contract concluded.

Article 4 [Scope of Entrustment of Business Affairs] The scope of the Plaintiff's goods shall be determined by wire and wireless goods, Internet invitation, and separate sales policy table.

Article 8 [Prohibition of and Responsibility for Unfair Business] The plaintiff shall not engage in any unfair business, such as unauthorized use and embezzlement of a device, theft of name, TM, large-scale payment, large-scale payment, and forgery of identification cards, in the course of performing his/her duties in connection with this contract.

When a civil petition or a VOC occurs, the plaintiff is responsible for and settled all of the responsibilities.

There is no difference between this contract and this contract with respect to TM contracts that the plaintiff is currently proceeding with the defendant.

Article 9 [Liability for Damages] The plaintiff shall compensate the defendant for any loss caused by the violation of the above 7 and 8 and for any property loss in the course of performing his/her duties.

The plaintiff shall provide the defendant with a maximum of KRW 100 million.

However, the collateral security provided by the plaintiff may be effective as much as the monetary damage of the defendant only when the plaintiff violates this contract, and only the "E" and the transaction shall be effective.

In addition, the contract can not be exercised the collateral security.

B. On May 20, 2013, according to the instant contract, the Plaintiff is attached to the Defendant and the Plaintiff’s ownership.