beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. The following facts may be acknowledged in full view of the statements in Gap evidence Nos. 1 to 11 (including paper numbers) and the testimony of the witness B of the trial of the trial of the court as a whole:
TST, Inc. (former trade name: consortiumM, Inc.; hereinafter “TRM”), as an agent of a mobile network operator, was supplied and sold a mobile network device from the case, and was engaged in the business of buying and selling the mobile network device, as an agent for entering into a contract on the use of the mobile network between the case and its subscriber by soliciting subscribers to the mobile network operated by the case, and receiving the sales incentive of the mobile network device and the management fee (a certain amount out of the amount of mobile network user’s use of the mobile network) from the case.
B. The Defendant was supplied with mobile communications devices by an agent, etc. of domestic mobile communications business operators, such as TM, and sold them and run a mobile communications store business that receives sales commission from the supplier company.
C. From March 2009 to June 2009, LIM supplied the Defendant a total of 467 mobile communications terminal devices supplied from K (hereinafter “instant mobile communications terminal devices”) to the Defendant, and the Defendant agreed to pay the Defendant a fixed sales commission (hereinafter “instant agreement”) if the mobile communications terminal devices are sold to the consumers under a 24-month installment plan (MNP commission).
However, even if the Defendant sells the mobile communications terminal device of this case at a price much less than the price set for the consumers in lump sum on the condition that no additional payment is made, the Defendant treated the mobile communications terminal device of this case as if it sells it under 24 months’ installment (in the case of MNP commission, the consumer burden) as the agreement of this case.
E. The instant mobile communications from the Defendant.