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(영문) 인천지방법원 2020.07.07 2019나69561
기타(금전)
Text

1. Revocation of the first instance judgment.

2. According to the expansion of the purport of the claim by this court, the defendant shall be KRW 4,590,300 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in oil, radio communication, Internet opening, maintenance and repair business, etc., and the Defendant is a personal business operator engaged in electronic commerce in the name of “C”.

B. On June 26, 2017, the Plaintiff entered into a sales business consignment contract (hereinafter “instant contract”) with the Defendant with respect to the payment for all goods sold by D, E, and F’s super-high speed Internet, telephone, television, virtual phones, cell phone, and each of the above telecommunications stations, including the following:

Article 2 (Terms and Conditions of Contracts) The term of a contract of one year from June 26, 2017 to June 25, 2018 shall be stipulated as one year, and in principle, the term shall be automatically extended by one year unless the plaintiff (hereinafter referred to as "A") and C (hereinafter referred to as "B") express separate declarations, such as termination of the contract, modification of the terms and conditions, etc. one month before the expiration of the term.

Article 10 (Business Fees and Allowances) The kinds of fees and allowances received in return for performance of entrusted duties by A shall be as follows:

1) Fees for attracting attracting business fees (hereinafter “business attracting fees”).

(2) The business policies related to Party A’s business policies and attracting fees may be separately published through “E-MAI and mobile phones” registered in accordance with the time of change.

Article 12 (Payment of Fees) (1) A shall settle accounts at the time of occurrence of fees to be paid to B and pay them within a maximum of 30 days from the lowest one day.

The deadline for the settlement of fees may be changed under mutual consultation in accordance with the policies of the relevant communications product. If the payment date is a holiday, it shall be the following day.

2. The criteria for recovery shall be defined as follows, where a customer terminates after opening a communications product (based on a super-high speed Internet, telephone, television, or eb) by a customer:

D: 3 months after one copy.

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