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(영문) 청주지방법원 2019.05.30 2018가단2028
위약금 등
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 17,037,659, and 5% per annum from March 2, 2018 to May 30, 2019.

Reasons

1. Facts of recognition;

A. On May 16, 2017, the Plaintiff entered into a sales contract with Defendant C and D, a direct sales contract, a contract for the use of the consignment store, etc. (hereinafter referred to as “each of the above two contracts”) with the intent that the Plaintiff would pay a certain sales commission, etc. to the Defendant’s side, during the contract period from June 1, 2017 to May 31, 2019.

Among them, the main contents related to the instant case are as follows:

On the other hand, the defendant paid 20,000,000 won to the plaintiff.

1) A consignment contract directly operated store ① The defendant shall maintain this contract for 24 months, and the defendant's side shall not terminate or waive the contract within 24 months (Article 3(3)) (2). The scope of the entrusted business: the agency business for mobile telephone customers and their incidental business related thereto, the customer management business for mobile telephone customers recruited by the defendant, the customer management business, the agency business for mobile phone users, the collection of fees from mobile carriers, various changes in services, and their incidental business, and other matters entrusted by the plaintiff in connection with the business (Article 5(1). (3) The defendant's side shall deposit the amount received from the customers as a result of the handling of the plaintiff's entrusted business by not later than 5 p.m. from the following day as of the payment date (Article 11(1)4: the defendant's side shall unfairly increase the fees by violating the plaintiff's business regulations or handling affairs in an abnormal business, or unfairly collect the fees from the plaintiff, the plaintiff shall make a peremptory notice within ten days after the expiration date of the ten days.

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