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(영문) 서울중앙지방법원 2020.06.24 2019나9278
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Article 4 (Basic Facts of Contracts);

3. The Center shall not sell products in violation of the “measures against the types and violations of unfair business operations” concluded with the Company and the relevant laws and regulations.

Article 9 (Operation of Center)

1. The Center shall carry out its business affairs in accordance with the business policies of the company in operating and managing services consumers belonging to the service area of the Center and other business affairs incidental thereto in connection with the business affairs entrusted by the company;

3. Function 1) Article 24 (Indemnification) on behalf of the head office as an agent.

1. Where the Center has inflicted damage on the customers or any other third party of a company or company due to any cause attributable to it in the course of performing contractual duties, it shall compensate for the damage concerned;

3. In the event that the Center causes damage to a customer and the company compensates the customer for such damage because it did not perform the agreement after attracting the customer or selling the device by agreement on behalf of the customer's installment payments, subscription fees, monthly user fees, etc. or on monthly payment, the Center may claim the above amount of compensation to the Center.

Around March 2015, the Defendant entered into a contract with the Plaintiff’s Intervenor (hereinafter “Co., Ltd. E”) who is a multi-level company D (hereinafter “instant center contract”) with the Seoul Joint Center related to mobile phone opening services (hereinafter “instant center contract”).

B. After October 31, 2016, the Defendant and the Plaintiff’s Intervenor extended the contract term of the instant center contract to October 31, 2017. The key contents of the instant center contract are as follows.

("Company" means the Intervenor to the Plaintiff, and the "Center" means the Defendant).

The Plaintiff, as between February 6, 2016 and the Defendant, determined the insured as the Plaintiff’s Intervenor, the period of insurance from February 6, 2016 to January 31, 2017 (from February 6, 2016 to October 31, 2017) and the insured amount as KRW 50,000,00 according to the instant center contract.

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