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(영문) 대전지방법원 2017.09.13 2017나102615
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 11, 2014, the Plaintiff and the Defendant entered into an entrustment contract between the Plaintiff and the Defendant with the content that the Plaintiff is entrusted with the business of selling mobile phone devices, etc. and collecting charges (hereinafter “instant entrustment contract”).

The key contents of the contract are as follows. [The reversion of "proceeds, etc." to Article 10 (Entrustment Contract]

1. "Price, etc." and other profits (hereinafter referred to as "proceeds, etc.") that the Plaintiff acquired by performing a consignment business, such as the sale of products or goods, etc., and performing obligations under this Agreement shall belong to the Defendant.

2. The plaintiff shall pay the "profit, etc." under the preceding paragraph to the defendant.

(Omission) Article 11 (Payment of “Price, etc.”)

1. The plaintiff shall pay the "price, etc." received from the plaintiff to the defendant on the day following the day of sale of the product or the day following the day of collection of subscription fees and other sales proceeds.

Article 12 (Payment of Fees)

1. Where the plaintiff sells products or goods, the defendant shall settle accounts on a monthly basis and pay the fee to the plaintiff.

(Omission) Article 22 (Termination of Contract)

1. In the event that the plaintiff falls under any of the following subparagraphs, the defendant may give a peremptory notice to the plaintiff for correction, and the contract may be terminated if the cause is not resolved within 10 days after the peremptory notice:

1. Where the Plaintiff violates the terms of this contract.

2. In any of the following cases, the defendant may terminate this contract without delay by giving written notice, notwithstanding the provisions of the preceding paragraph:

1) Article 24 (Compensation for Damages) where the Plaintiff did not settle “price, etc.” on the date of settlement of “price, etc.” or settled “price, etc.” by deceiving it.

1. If the Plaintiff violated the terms of this contract or terminated the contract under Article 21, thereby causing damage to the Defendant or the “company, etc.” and its “customer, etc.”, the Plaintiff shall compensate for such damage.

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