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(영문) 인천지방법원 2019.10.10 2018가합660
손해배상 및 보증채권
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 295,559,00 and the payment of KRW 295,59,00 to February 22, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of telephone number guidance business, information and communications business, etc., and Defendant C (hereinafter “Defendant Company”) is a company with the purpose of Handphone wholesale and retail business, etc., and Defendant D is the representative of the Defendant Company (in-house director).

B. On January 9, 2017, the Plaintiff entered into a consignment contract with the Defendant Company and the Plaintiff’s joint and several surety (hereinafter “instant contract”) on consignment contract with the content that the sales of mobile devices, including mobile phones, was entrusted (hereinafter “instant contract”). Defendant D jointly guaranteed all the Defendant Company’s obligations owed to the Plaintiff according to the instant contract.

C. Major contents of the instant contract are as follows.

Part II: Article 3 (Scope of Entrusted Affairs) (1) The plaintiff shall entrust the following affairs to the defendant company:

1. Affairs concerning subscription, etc. to wire and wireless communications services and vicarious execution of affairs incidental thereto;

2. The Plaintiff under Article 8 (Fees) of the 3 consignment store commission for a customer who acts on behalf of the customer shall pay the following fees, as stipulated in the policy letter provided from time to time to time to the Defendant company:

1. Sales commission;

2. Article 12 (ownership and Sale of Goods), such as ownership of other fee Chapter 5 (ownership and Sale of Goods) ① Ownership of the goods that the Plaintiff supplies to the Defendant Company is the Plaintiff.

(2) When a claim for return is filed against the goods supplied by the plaintiff, the defendant company shall immediately comply with such claim and cooperate in an investigation into the management status during the storage period.

③ The Defendant Company shall sell goods only at the price agreed with the Plaintiff and in such a manner as agreed.

Chapter 7. The validity and termination of the contract under Article 15 (Period) 1. The term of validity of this contract shall be from January 9, 2017 to January 8, 2018.

Plaintiff

Any of the defendant companies shall be against the other party one month prior to the expiration of the contract.

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