채무부존재확인
1. On the part of the Plaintiff (Counterclaim Defendant)’s counterclaim, according to the change of the principal claim in the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff (the trade name before January 3, 2013 was the “stock company’s more sponsored” but thereafter changed) is a company that runs a telecommunications device, electronic device, or mobile phone sales business, etc., and the Defendant is a company that runs a mobile communications agency business.
B. The Plaintiff and the Defendant concluded a mobile phone consignment contract on August 1, 2012. The content of the contract entered into between the Plaintiff and the Defendant at the time is as follows.
(hereinafter “A”, “B”, and “B”, Article 1 (General Provisions) of the Act, shall actively endeavor to expand sales according to the method separately determined by the goods that A designates as a sales handling place, and “A” shall provide instructions, guidance, or assistance concerning sales methods and other measures, and upon which “A” may pay to “B” a bounty or fee for sales promotion.
Article 4 (Terms of Sale) B shall be solicited to purchase to customers only on the terms of sale designated by A.
Article 7 (Collection of Sales Prices and Payment of Sales Fees) Sales proceeds or sales commission arising from a contract for sales of goods between a purchaser and a seller of goods with B shall be paid or recovered to A in the following month by ascertaining the contents of all sales cases in the following month, and by the method determined by B, if based on the price comparison table distributed by B.
Article 8 (Joint and Several Guarantee) A shall guarantee the obligation jointly and severally with the purchaser concerning the contract for purchase of goods under a contract with the purchaser, and this shall apply until the purchaser terminates the contract.
Article 9 (Ownership of Goods) In accordance with this Agreement, the entire goods installed and supplied by A to B shall be made clear that A’s property is the property before the goods are sold through lawful procedures, and if Party A’s request for the investigation of goods is made, Party B shall perform it in good faith.
Article 11 (Refusal of Payment of Sales Commissions and Compensation)