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(영문) 서울중앙지방법원 2019.05.17 2018나34024
인터넷상품유치수수료청구
Text

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. Facts of recognition;

A. On December 1, 2016, the Plaintiff entered into a sales contract between the Defendant and the Defendant (hereinafter “instant contract”) stating that “The Plaintiff shall attract customers to use the Internet goods provided by the Plaintiff in C, and the Defendant shall pay custody fees accordingly.” The main contents are as follows.

Article 1 (Purpose of Contract) The purpose of this Agreement is to attract high-quality customers who use TPPS (Internet, etc.) goods provided by the plaintiff to the consolidatedC on behalf of the defendant to sell them on behalf of the defendant.

Article 4 (Liability for Payment of Goods) (1) A private goods paid to a customer shall be substituted by gift certificates provided in C in principle. 3) The Plaintiff shall be liable for the payment of the goods that the Plaintiff promised with the customer as opened in the course of attracting subscription.

4) The Plaintiff’s failure to perform the part of the Plaintiff’s promise made to the customer while attracting the customer should not cause the customer clean. If the cause occurred, it shall be immediately handled according to the Defendant’s notice, and the Defendant may deduct the Plaintiff from the Plaintiff’s fee after the measure was taken. Article 6 (Payment Date and Payment Date) 1) The Defendant shall pay the Plaintiff the custody fee for the sale of goods.

2 The defendant shall pay the amount and time set forth in the separate prize to the plaintiff when the plaintiff confirms that the plaintiff has implemented the following:

Confirmation of the opening of goods to customers attracting by the Plaintiff

B. Confirmation of the payment of certain articles to customers attracting by the plaintiff

C. The Plaintiff’s gift certificates paid to C are excluded.

B. From December 2, 2016 to December 21, 2016, the Plaintiff attracted customers, as indicated in the “customer name” column as indicated below, and sold C’s Internet goods on behalf of them. In this process, the Plaintiff should pay cash (which is paid as a case of moving a radio operator) to customers and the penalty customer to the previous radio operator.

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