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(영문) 서울남부지방법원 2018.06.21 2017가합104560
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) 651,112,930 won and 573,516,000 won among them shall be May 2017.

Reasons

1. We also examine the principal lawsuit and counterclaim.

A. The Plaintiff as a party is a legal entity engaged in the business of electronic commerce, application software of smart cards, development of security software, manufacture, and sale. The Defendant is a legal entity engaged in the business of developing and manufacturing hardware of electronic communications equipment, the development of software related to electronic communications equipment, the development of electronic communications equipment, and the wholesale and retail of electronic communications equipment.

B. On June 2013, the Plaintiff and the Defendant entered into an agency contract and each terminal supply contract between the Plaintiff and the Defendant (hereinafter “instant agency contract”) with the content that the Plaintiff delegates to the Defendant all the duties of providing value-added telecommunications services, etc. to the Plaintiff’s franchise store (No. 1-1, hereinafter “instant agency contract”).

The terms used in this Agreement, among the instant agency contracts, Article 3 (Definition of Terms) relating to the instant agency contracts, are defined as follows, provided that the terms otherwise specified in this Agreement are subject to the ordinary definition of the same industry: 2. VN Services: Company (Plaintiff).

hereinafter the same shall apply.

3. Products means all machinery, hardware and their accessories necessary for a company to provide VN services; 4. Establishment of a product: establishment of a product without monetary consideration to a franchise store by a company; ownership of the product is distinct from the sale of the product; 7. Sales commission: A company is an agent (defendant) in accordance with this contract.

hereinafter the same shall apply.

(vi) any fees related to VN services paid to it. Article 7 (Business of Agency)

1. The agency shall carry out the following tasks entrusted by the company with the duty of due care as a good manager:

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