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(영문) 수원지방법원성남지원 2016.02.16 2013가합528
손해배상(기) 등
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 207,650,012 as well as 5% per annum from December 13, 2011 to December 8, 2015.

Reasons

1. Facts of recognition;

A. On September 7, 2010, the Plaintiff entered into a contract with a commission agency (hereinafter “instant contract”) under which the Plaintiff is obligated to commission the Defendant A to purchase the Plaintiff’s goods and services, to act on behalf of the Plaintiff, to receive fees, to act on behalf of the Plaintiff’s goods and services incidental thereto, to act on behalf of the customer management, including duties of receiving fees, and to act on behalf of the customer, and to act on behalf of the customer after-sales services, etc. (hereinafter “instant contract”).

B. On the same day, Defendant A puts his signature and affix his seal on each joint and several surety that Defendant A (the spouse of Defendant A) is liable for up to five hundred million won with respect to the product price liability, public charge liability, obligation to return fees, liability for damages caused by unfair business activities, liability related to subsidies, liability related to other transaction agreements, and obligations related to the said transaction, and all obligations (including basic obligations, indemnity liability, guarantee liability, acceptance liability, liability for damages, liability for damages, obligation due to the cancellation or termination of the contract, obligation due to in-kind return due to the cancellation or termination of the contract, obligation arising from taxation, and incidental obligation) that Defendant A bears against the Plaintiff in connection with the said transaction.

C. Article 34 of the instant contract provides that “Where the entrusted agency causes damage to a third party, such as the Plaintiff or the customer, by violating this contract or related agreements, legal obligations, or business performance regulations, the entrusted agency shall compensate for the damage to the third party, such as the Plaintiff or the customer, regardless of the termination of the contract.”

The plaintiff is high to the subscriber who uses long-term services for 24 to 36 months, in order to attract participants to ABRO, Wireless Brodiband Internet) services.

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