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(영문) 서울남부지방법원 2018.09.20 2016가합108466
채무부존재확인
Text

1. There is no obligation that the Plaintiff owes to the Defendant under an agency contract concluded with the Defendant on March 3, 2014.

Reasons

1. Basic facts

A. 1) The Plaintiff, who was engaged in the business of sending text messages, including entering into an agency contract with the Plaintiff and the Defendant, was a company C (hereinafter “C”) around February 2014.

(2) Although the number of lines that can be opened by each ordinary nominal owner was limited, the Defendant decided to open a large number of lines in the name of the Plaintiff so that the said business can be operated through a communication network.

3) Meanwhile, the Defendant determined that granting the Plaintiff a status as an agent would be easy to manage a large number of circuits to be opened by the Plaintiff, and concluded a “agency contract” with the Plaintiff on March 3, 2014 (hereinafter “instant agency contract”).

The main contents of the contract are as follows. The defendant and the plaintiff are the mobile communications subscriber (hereinafter referred to as "subscriber").

(1) The Plaintiff is entrusted with the attraction, management and other work of the Plaintiff, and the Plaintiff enters into a contract with the following content in order to perform the duties of the entrusted duties, the supply of the terminal and its accompanying goods, etc.

1. Lump-sum subscription payment: Money that a policyholder should pay to the defendant simultaneously with entering into an subscription contract to receive mobile communications services (hereinafter referred to as "services"), such as subscription fees or deposit money;

2. Monthly user fee: Basic fee to be paid by the “subscriber” to the Defendant in relation to the cost of use of “services” or in relation thereto, and national, international currency charges, additional service charges and other charges and public charges;

3. Revenue: Entrustment of Article 3 of the Money to the Defendant with respect to the Plaintiff’s business, such as a lump-sum admission, monthly user fee, etc., that the Plaintiff received from “subscriber” or received from a third party on behalf of the Defendant.

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