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(영문) 서울중앙지방법원 2019.09.18 2018나57348
채무부존재확인
Text

The Defendant-Counterclaim Plaintiff’s appeal against the instant principal lawsuit and counterclaim and the selective counterclaim added by this court.

Reasons

1. Basic facts

A. The Defendant, as an agent entrusted with the mobile communications business, etc. by C (hereinafter “C”), was the Plaintiff’s trade name as at March 19, 2015, but was changed to K on September 1, 2015, but was changed to K on September 27, 2016.

Between B and B, the Defendant entered into a consignment contract (hereinafter “instant consignment contract”) with the Plaintiff to entrust the Plaintiff with the business of subscription to wired and wireless telecommunications services, the incidental business thereto, and the follow-up services for customers.

The defendant was awarded agency code from C as a corporate business agent of C, and the plaintiff was not granted an independent agency code, but did not get a mobile phone subscription service entrusted by the defendant, so the defendant entered customer information as a member's agency code and opened the mobile phone.

B. Upon entering into the instant consignment contract, the Plaintiff agreed to compensate the Defendant for the damages suffered by the Defendant, such as the instant consignment contract and the instant consignment contract, the instant consignment contract, and the instant consignment contract, in a case where the Plaintiff violated the “unfair business practices prevention agreement” (hereinafter referred to as “unfair business practices”) by depositing the money received from the Defendant, and faithfully keeping the sales consignment from the Defendant, selling the device and core chips at the price agreed with the Defendant to the Defendant, and paying the money to the Defendant. The act of selling the device and core chips under the terms of payment on behalf of the amount or fees to be paid by the Defendant, and the act of paying the amount higher than the publication subsidy,

C. The following are arranged by the Plaintiff and the Defendant’s consignment contract prepared at the time of the instant consignment contract and the agreement on the prevention of unfair business practices and the relevant statutes.

Article 2 (Observance of Relevant Provisions) of the consignment contract.

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