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(영문) 광주지방법원 2013.10.11 2012가합2134

손해배상(기)

Text

1. The defendant limited liability company A shall pay to the Plaintiff KRW 711,325,675 and its amount from August 31, 201 to October 11, 2013.

Reasons

1. The following facts do not conflict between the Parties:

The plaintiff is a company that runs the wholesale and retail business of telecommunications equipment, and mainly deals with the mobile phones of LG telecoms or LGpers' mobile phones, and has operated its business through off-line (Internet) as well as off-line (store).

B. The defendant limited liability company A (hereinafter referred to as the defendant company) established an agency of KT (hereinafter referred to as KT only) and mainly sold the mobile phone of KT in the store. The defendant D is the representative director of the defendant company, the defendant E is the director, the director of the defendant company, the defendant Eul is the person who actually operates the defendant company, and the defendant C is the employee of KT.

C. Around September 2010, the Plaintiff and the Defendant Company entered into a consignment contract with the Plaintiff’s online sales network to sell a mobile phone entrusted by the Defendant Company (sale of a mobile phone and attraction of KT mobile phone subscribers) (hereinafter “instant contract”). Accordingly, the Plaintiff sold a mobile phone entrusted by the Defendant Company from October 5, 201 to June 30, 201.

The order or structure of the execution of the contract of this case is as follows.

① Defendant Company shall issue a guaranty insurance policy to KT and shall purchase a mobile phone terminal on credit and deliver it to the Plaintiff.

② The Plaintiff sold his mobile phone to the customer via the Plaintiff’s online sales network, and received the documents for mobile phone purchase and communication from the customer and delivered them to the Defendant Company.

③ The Defendant Company opened a cell phone via KT and simultaneously at the same time the Defendant Company’s credit payment liability expires.

④ The Defendant Company receives sales commission (terminal subsidies), management fees (amounting to approximately 7.9% of the communications charges borne by a mobilephone policyholder), manufacturing inspection fees, etc., and pays part of them to the Plaintiff.

E. Defendant B, who was delegated by Defendant D with respect to the work of the Defendant Company, delegated on August 30, 201, to the Plaintiff on August 30, 201.