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(영문) 대전지방법원천안지원 2017.10.26 2016가단106984
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 21, 2014, the Plaintiff concluded an entrustment agency contract with the content that, if the Plaintiff was supplied with a cell phone device from the Defendant and sold it to the customer and had the customer subscribe to the mobile communications service provided by the Defendant, the Plaintiff would receive certain fees, etc. from the Defendant (hereinafter “instant agency contract”).

Article 3 (Scope of Entrusted Affairs) (1) The defendant shall entrust the following affairs to the plaintiff:

1. Business affairs concerning subscription, etc. to B goods and services and vicarious execution of incidental business affairs thereto;

2. Collection of charges and customer management services, including incidental business thereto, by proxy;

3. Article 11 (Fees and Incentives) (1) The defendant may pay the fees to the plaintiff as provided for in a separate annexed agreement, and the annexed agreement may be amended by agreement between the parties even during the contract term of this agreement.

② The Defendant may pay the Plaintiff separate fees in addition to the fees under paragraph (1) in accordance with the Defendant’s sales policy. In such cases, the Defendant shall determine and notify the Plaintiff of the details, such as whether and not paying the fees.

(3) The defendant may support sales promotions, sales incentives, etc. for the plaintiff's performance of entrusted duties pursuant to the relevant business policy and other separate agreements.

Article 12 (Methods of Payment and Return) (1) The defendant may set off against the plaintiff all the claims that the defendant holds against the plaintiff, such as fees and incentives.

Article 20 (Supply of Goods) The kind, quantity, time of supply, etc. of goods supplied by the defendant to the plaintiff shall be determined by individual contracts between the plaintiff and the defendant.

Article 23 (Payment and Credit Date) (1) The plaintiff shall pay the full amount of the goods simultaneously with the acceptance of the goods.

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