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(영문) 인천지방법원부천지원 2020.01.10 2018가합104817
보증보험금지급중지
Text

1. On February 21, 2018, the Plaintiff’s obligation to pay KRW 3,711,100 to the Defendant for the sales proceeds of mobile phones based on the consignment sale contract.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operated a mobile phone sales store (hereinafter “Plaintiff store”) with the name of “C”, and the Defendant is a company that aims at mobile phone wholesale and retail business.

B. On February 21, 2018, the Plaintiff entered into a consignment contract with the Defendant (hereinafter “instant contract”) and traded in the following manner:

1) The Plaintiff’s mobile phone number “D” (hereinafter “instant code”) granted by the Defendant in a case where the Plaintiff sells a mobile phone gratuitously entrusted by the Defendant to an end-user.

(2) The Plaintiff sent online to the Defendant an application for joining by the end user, and then cans the identity card of the end user, and receives it to the Defendant. (2) The Plaintiff pays the price of the sold mobile phone to the Defendant, and the Defendant pays the sales fee to the Plaintiff.

3) The Plaintiff and the Defendant settled the sales proceeds and sales fees of the mobile phone sold in the month immediately preceding the end of each month and paid the difference to the Defendant if the sales fees exceed the sales fees of the mobile phone. However, in the event that the Plaintiff sells the mobile phone through installment transactions, only the sales fees are paid from the Defendant after receipt of the claim to the Defendant that included the sales proceeds of the mobile phone, and thus, there was no separate liability for the sales proceeds of the mobile phone to the Defendant. (c) Using the instant code, the Plaintiff and the Defendant did not have any separate liability for the sales proceeds of the mobile phone sales to the Defendant. Using the instant code, 6 cases of cash sales on February 2018, 2018, 13 cases of cash sales, 13 cases of installment sales, 13 cases of cash sales, 13 cases of installment sales, 13 cases of cash sales, 2 cases of cash sales on May 2, 2018, and 3 cases of installment sales (hereinafter referred to as “instant transaction”).

2) The application form for each mobile phone sales (hereinafter “instant application form”)

A. was submitted to the Defendant.

Pursuant to the instant transaction, mobile phone sales proceeds and sales proceeds.

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