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(영문) 부산지방법원서부지원 2020.01.16 2017가합102810
정산금 등
Text

1. The Defendant’s KRW 151,512,60 for the Plaintiff and KRW 6% per annum from October 29, 2019 to January 16, 2020.

Reasons

1. Basic facts

A. The Plaintiff has been entrusted with the sales and opening of mobile phones from the domestic telecommunications companies, including C Co., Ltd. (hereinafter “C”) to establish and operate sales agencies.

Section 1 (Purpose of this Agreement) The purpose of this Agreement is to provide for all the circumstances necessary to entrust “A (the defendant hereinafter the same shall apply)” with the work entrusted by C main office and the sale and service of tangible and intangible goods such as mobile telephone terminal devices, etc. (hereinafter referred to as “goods”) related thereto (hereinafter referred to as “goods”).

Article 2 (Ownership, etc. of Terminals)

1.The ownership of a device product that “A” supplies to “B” for consignment sale is against “A”.

2. “B” shall be sold within three months from the time of being supplied with the duty of due care of a good manager and thereafter shall be returned to “A”.

3.A “A” may charge “B” the relevant expenses for any of the following matters:

(1) An amount calculated by adding 20,000 won to the ex-factory price at the time of shipment when a device is lost or damaged. (2) If another agency opens a device through an agency, the amount shall be calculated by adding 50,000 won to the ex-factory price at the time of shipment. (3) If the device is returned after three months have elapsed from the time of supply of the device, the amount shall be calculated by adding 20,000 won to the ex-factory price at the time of shipment. (4) If the device is withdrawn due to the cancellation of opening or the occurrence of the device, the amount shall be calculated by adding 20,000 won to the ex-factory price at the time of shipment. (5) If the device is withdrawn within seven days of the device that causes A/S bridge products, the amount “A” under Article 3 (Entrustment Terms) shall be provided to “B” and “B” shall comply with all business policies, including the following subparagraphs:

In addition, where “B” causes damage to a customer in the course of performing the entrusted duties, “B” shall be deemed “A.”

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