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(영문) 창원지방법원 2019.10.25 2018나5571

사용료

Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, KRW 5,987,367 against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On July 20, 2015, the Plaintiff, under the trade name of “G”, supplied the Defendant with mobile phone devices and related products (hereinafter “portable phone devices, etc.”) and sold them, and the Defendant entered into a consignment contract with the Defendant to pay the Plaintiff the sales commission (hereinafter “instant contract”).

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

Article 2 (Purpose and Method of Commission Sales)

1. The products that the Defendant supplies to the Plaintiff are mobile phone and related products (hereinafter “products”).

2. The defendant shall supply the goods to the plaintiff, and the plaintiff shall sell the goods supplied by the defendant to the user and shall be paid the prescribed fees.

3. In principle, the Plaintiff sells goods consigned by the Defendant to the end-user, but the Defendant opens the goods.

4. The plaintiff has the duty to verify the identity of the person who established the mobile phone and to accurately record the confirmation matters so that the defendant can make an offer. The plaintiff must send the identification card and the documents necessary for the person who established the mobile phone to FAX, and the original must be returned to the defendant and the duplicate shall be preserved.

5. The Plaintiff is obligated to thoroughly verify the identity of the founder and to verify the establishment of a mobile phone for the purpose of a telephone call even after confirmation.

Article 5 (Refusal of Payment of Sales Commissions and Redemption of Compensation) In any of the following cases, the defendant shall suspend the payment of all sales commission and shall execute the recovery of the commission and compensation already paid:

2. Where the Plaintiff cannot be deemed to have used normally after the sale of installments, or where the Plaintiff sells similar behavior;

(a) Shares in sales concerning fraudulent use of the name;

(b) Sales of abnormal telephonephones;

(c) falsity;