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(영문) 대구지방법원 2017.04.06 2015가단121277
보증채무금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 86,671,479 and the interest rate thereon from January 24, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 6, 2012, the Plaintiff entered into an agreement with Defendant A on a consignment service agency agreement with the Plaintiff on the Plaintiff’s product and service-related business, and the handling of related products, and entered into an additional agreement on the business.

B. On July 6, 2012, Defendant B and C provided a joint and several surety for Defendant A’s product price liability, public charges, liability for damages arising from unfair business conduct, and liability related to subsidies arising from the consignment transaction between the Plaintiff and Defendant A.

C.1) After the conclusion of the consignment agency contract, Defendant A operated the consignment agency with the trade name of “D,” and notified the Plaintiff of the opening of the cell phone line without the permission of the customers as a normal opening, and the Plaintiff was engaged in the act of soliciting new customers by promising the customers to pay part of the agreed fee and the installment of the device to be paid by the customers on behalf of the Defendant A. (2) From June 2015 to February 2016, Defendant A filed a civil petition due to the aforementioned business activities by Defendant A’s aforementioned customers. Accordingly, the Plaintiff was suffering from damages not claimed against the customers for the payment of the cost of communication equipment and telecommunications services, such as the mobile phone amount of KRW 32,064,530 as shown in attached Table 2.

(Specific Details are attached Form D’s monthly receipt). The Plaintiff took a measure of “ex officio receipt” converting the said damage into Defendant A’s obligation to the Plaintiff.

On the other hand, according to the consignment agency contract, Defendant A must pay to the Plaintiff the debt received ex officio within one month, and if delay is delayed, Defendant A should pay 12% of the delay damages per annum.

Therefore, with respect to the above claim 32,064,530 won, damages for delay of KRW 4,464,709 was incurred as shown in attached Table 2 until December 31, 2016.

1. The Plaintiff’s “D” operated by Defendant A on May 21, 2014.

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