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(영문) 서울동부지방법원 2018.04.06 2016가단134403

채무부존재확인

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 June 30, 2014, the Defendant: (a) as the consignment agency of the KSV Co., Ltd. (hereinafter “B”); (b) supplied B with a mobile phone device, etc.; and (c) concluded a consignment contract and a consignment contract (hereinafter “instant consignment contract”) with the Defendant to sell and join the mobile phone terminal, and to perform the opening of the mobile phone; and (d) concluded a consignment contract with the following terms and conditions; and (e) concluded a consignment contract with the Defendant to operate B, D, E, F, and G stores, respectively.

Article 5 [Contents of Entrusted Affairs]

1. The Defendant shall provide B with business policies that specify the terms and conditions of accession for sale and the performance of entrusted services, required documents, various supplementary goods, and other sales terms and conditions.

2. B shall receive an application for subscription and an identification card (including evidentiary documents of minors, persons who have rendered distinguished services to the State, persons who have rendered distinguished services to the State, recipients, etc.) suitable for the form of sale in performing entrusted duties, and

VII.[Risk-Bearing of Risk] Mobile Terminals and other products arising prior to delivery of mobile phones and other products shall be liable B for any loss, damage, and all other damage, and the mobile phones and other product conversion prices shall be paid to the defendant at the time of occurrence of the damage.

Article 9 【Damages】

1. Where B causes damage to the defendant due to failure to perform his/her duty of care to verify the identity of a purchaser of a product, B shall compensate the defendant for the unpaid communications charges, the price of the device, and the full amount of the terminal fees;

2. B shall be fully responsible for any loss incurred by the sale of a product without verifying whether legal representatives consent to such sale at the time of applying for membership of a minor;

3.All damages due to the reasons attributable to B out of the damages arising during the contract period shall terminate, even if this contract is terminated, the objection of the customer who sold B.