(영문) 서울고등법원 (춘천) 2017.02.08 2016나47

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(영문) 서울고등법원 (춘천) 2017.02.08 2016나47

위탁수수료 등

Text

1. The plaintiff's appeal and the main claim that changed in exchange in the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the sales of mobile phone devices (hereinafter “phones”) and the solicitation and management business of the commission of mobile communications services, and the Defendant is a mobile communications business operator.

B. From February 1997 to April 2013, the Plaintiff entered into an entrustment contract and an entrustment contract with the Defendant for mobile communications services (hereinafter “instant entrustment contract”) and a business entrustment agreement added thereto (hereinafter “instant entrustment agreement”) with the following terms and conditions, and the Defendant’s agent acting as an agent in connection with the solicitation of customers and subscription to mobile telephone services. The Defendant paid commission and sales incentives to the Plaintiff, and Article 2 (Observance, etc. of the instant entrustment contract) of the instant entrustment contract (hereinafter “the Plaintiff”) of the Circuit is obliged to comply with the laws and regulations related to the entrusted duties, the terms and conditions of use, and the business management regulations of the company (referring to the Defendant).

Article 4 (Scope of Entrusted Services) The scope of services entrusted by a company to an agency shall be governed by a separate agreement.

Article 15 (Agency Fees) (1) A company shall pay the following fees to an agency, as provided for in a separate agreement:

1. Commissions for soliciting customers;

2. Fees on customer management;

(3) In the event that an agent violates or fails to perform any of the related Acts and subordinate statutes, terms and conditions of use, consignment contract, and business management regulations, the company may choose not to pay the whole or part of the commission as provided in paragraph (1).

Article 26 (Assistance, etc. to Agency) (3) A company may pay sales incentives, etc. according to the performance of entrusted duties by an agency, and the method of payment shall be governed by a separate agreement.

【instant consignment agreement” Article 1 (Assignment of Entrusted Affairs) (1) The business entrusted by a company to an agency is as follows:

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