(영문) 서울중앙지방법원 2018.06.15 2017나13860

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(영문) 서울중앙지방법원 2018.06.15 2017나13860

손해배상(기)

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a mobile phone commissioning agency of KSV Co., Ltd. (hereinafter “Scom”), which is a mobile network operator, and the Defendant is performing the mobile phone sales business with the trade name “C”.

B. The Plaintiff entered into a contract for the operation of a consignment store between the Plaintiff and the KS telecom, which includes the operation and management of the KS telecom, the commission store’s operation of the KS telecom, the commission store’s business of soliciting and joining customers, and its incidental business, etc., and the payment of fees was made. 2) According to the above operation contract, when the Plaintiff or a third party, who entrusted the Plaintiff’s business, caused damage to the abnormal business due to the violation of the KS telecom’s business regulations, etc., the Plaintiff shall compensate the KS telecom, and the penalty may be imposed separately for the KS telecom.

3 Under the policy for abnormal business management of the est Telecom and the agreement for abnormal business management concluded by the Plaintiff with the est telecom through the above operation contract, the name theft, opening, etc. are used as a type of abnormal business, and the sanctions against it are as follows.

(b) Abnormal type of business opening: An act of opening the name of another person without any abnormal intention or actual user, such as resale of end-of-end, depreciation in inventory, increase in business performance, etc.: An act of opening the name by utilizing the name of another person without the consent of the nominal owner;

(c) The imposition of incentives by type of abnormal business (Provided, That the amount of incentives paid shall be recovered) shall not be paid: Criteria for recovery of incentives: 300,000 won (30,000 won (data together / Middle/PS) sanctions for abnormal finalized cases;

C. The Plaintiff entered into a consignment contract between the Plaintiff and the Defendant on November 21, 2012 with the Defendant.

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