(영문) 대구지방법원서부지원 2016.10.21 2015가합1193

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(영문) 대구지방법원서부지원 2016.10.21 2015가합1193

채무부존재확인

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a mobile communications company that operates telecommunications business, etc., and the Plaintiff, from December 18, 2006, engaged in the wholesale and retail business of mobile phones from January 2008, while engaging in the wholesale and retail business of mobile phones, he/she was entrusted by the Defendant with the business of attracting and managing mobile phone subscribers and selling mobile phones from around January 2008.

(b) The Plaintiff’s agency business [agency Contract] Article 2 (Observance of Relevant Provisions)

4. In attracting customers, the agency shall not commit any of the following acts:

An act of falsely stating, forging or falsifying one application form.

5.In attracting customers, the agency shall comply with the following requirements:

1) The Company (Defendant Company) must verify the identity of the customer in the manner determined by the Company (hereinafter referred to as the Company) and register its evidential documents (including written application for subscription, identification cards, recording files, etc.) with the Company’s business system.

1. The Company shall pay a commission in return for the agency’s performance of its contractual duties, and its detailed details, such as the standards and methods for the payment of the commission for each product, for each business, and for recovery criteria and methods, etc., shall be subject

Article 12 (Payment and Set-off)

6. Where the agency is found to have failed to meet the requirements for subsequent payment of fees, etc. paid to the agency, such as unfair business operations, the agency shall immediately refund such amount to the company;

Article 28 (Compensation for Damages)

1.The agency shall compensate for any loss inflicted upon the customer or any other third party of the company or the company by reason of its fault in the course of carrying out the contract duties and, if any dispute or litigation between the third party and the company has occurred, shall defend it at its own responsibility and cost and shall release the company from its responsibility;

4. The agency shall compensate for attempted bonds which have occurred due to a cause attributable to the agency;

6. In the case of paragraphs 1 through 4, the Company shall:

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