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(영문) 서울북부지방법원 2016.04.22 2015가단30081
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 103,557,010 and the interest rate of KRW 15% per annum from August 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that conducts mobile communications service agency business for the purpose of selling telecommunications equipment, etc., and the Defendant is a business entity that runs a wholesale and retail business of mobile phone communications equipment in the name of “B”.

B. On August 23, 2013, the Plaintiff entered into a “entrusted sales store contract” with the Defendant regarding the sales and consignment of mobile phone terminals, and the main contents are as follows.

o Article 1 / [Purpose] B (Defendant) sells any product relating to communications entrusted by the Plaintiff (Plaintiff).

The plaintiff and the defendant shall cooperate with each other for the sale of goods related to communications.

Article 2 o [Persons subject to Entrustment Sale] The objects to be sold to the defendant by the plaintiff are as follows, and hereinafter referred to as "entrusted goods"):

(1) A mobile communications product. ② A mobile communications product. ③ A mobile device and other accessories o [Inventory/goods]

1. The inventory and goods means mobile communications terminals and other accessories necessary for the consignment sale;

2. Above

5. (Omission)

6. The defendant shall not use any inventory and goods entrusted by the plaintiff for any purpose other than sale.

Article 5 / [Adjustment]

1. In principle, the Plaintiff’s consigned goods shall be sold to the consumers and the settlement of accounts therefrom shall be settled as of the end of the following month of the opening month;

2.The settlement amount refers to the sum of the opening fees and sales commission, the installment principal and the subsidy to the sum of the subsidy, the amount of restrictions on the factory price and other deductions;

3. The term "outwards and sales commission" refers to the amount that the plaintiff agrees to provide to the defendant when the defendant opens/ sells mobile communications equipment to the consumer.

Opening and selling fees shall be calculated from time to time on the basis of the unit price table notified by the plaintiff.

4. The term "subsidies" refers to the amount that a telecommunications business operator formally pays to the general consumers through the Plaintiff.

5. The Plaintiff and the Defendant confirm each other’s settlement data.

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