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(영문) 서울중앙지방법원 2018.12.13 2017가단3824
채무부존재확인
Text

1. 32,845,600 won against the defendant based on the termination of agency contract between the plaintiffs and the defendant.

Reasons

1. Basic facts

A. The Defendant is a company that establishes and operates a special category telecommunications business, a communications device manufacturing business, etc. as its main business purpose.

B. The Plaintiff A (hereinafter “Plaintiff A”) was a personal business entity and was established by Plaintiff B Co., Ltd. (hereinafter “Plaintiff2”), which was performing the Defendant’s agency as the Defendant’s trade name from the nearest day to B, and suspended the agency business.

On July 14, 2016, Plaintiff 2 entered into a contract (hereinafter “instant agency contract”) with the Defendant designating Plaintiff 2 as the Defendant’s agency with respect to the business of various goods and services, including the Defendant’s wireless goods, other business affairs, and handling of related products, such as mobile phones, etc.

The main contents are as follows:

Article 8 (Composition of Sales Products) (1) Sales products shall be goods designated by Party A (Defendant).

Article 9 (Status in Contract) B (Plaintiff 2) due to the conclusion of this Agreement, it may obtain the right to sell Party A's goods and invite customers who use Party A's services on its behalf.

Article 11 (Scope of Agency Services) (1) A shall entrust the following services to B:

Affairs concerning Gap's purchase of goods, services, etc. and vicarious execution of its incidental affairs;

(b) A customer management agency, including the affairs related to the collection of charges and their incidental affairs, (Provided, That where the computer of Party B is not established, the affairs related to the collection of charges shall be excluded from the entrusted affairs; hereinafter the same shall apply) Article 12 (Performance of and Support for Agency Services) (2) A shall faithfully perform the affairs related to subscription to mobile communications, accompanied by a written agreement for use signed by the customer and a copy of identification card that enables identification of customer status when receiving the service and the service contract on behalf of Party B.

Article 26 (Responsibilities and Obligations of Adopted) (1)

A. A. B.

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