Text
1. The part against Defendant D in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant D is dismissed.
3...
Reasons
1. Facts of recognition;
A. The Plaintiff is an official agency of E, and Defendant C (hereinafter “Defendant C”) is a company whose business purpose is communications service business, etc., and Defendant D is the representative director of the Defendant Company.
B. On July 10, 2018, the Plaintiff entered into a sales consignment contract between the Defendant Company and the Defendant Company on the terms of “the Plaintiff Company, as the Plaintiff’s sales trustee, to attract mobile communications service subscribers, and sell devices and ancillary goods thereto” (hereinafter “instant contract”). Defendant D guaranteed the Defendant Company’s obligation under the instant contract.
The main contents of the instant contract are as follows, and the said contract is signed and sealed by the Plaintiff, Defendant Company, and Defendant D.
[Main Terms and Conditions of Sales Entrustment Contract] Article 1 [Amendment of Terms and Additional Agreements] The terms used in this Agreement shall be used in the following meanings:
(4) Where any additional agreement, other than this contract, is required, an annex agreement shall be concluded, and the details of the annex agreement shall take precedence over those of this contract.
Article 2 [Entrustment of Inducement of Insured Status, etc.] (1) The defendant company shall sell the terminal entrusted by the plaintiff to the subscriber in his/her custody, and in principle, sell the terminal by applying the sales unit price to each terminal equipped with the application form and documents set by the plaintiff in advance.
Article 8 [Damages] (1) A plaintiff or defendant company may claim damages against the other party if the other party has suffered damages in violation of this contract.
C. On July 10, 2018, the Plaintiff drafted an annexed agreement (hereinafter “instant annexed agreement”) with the Defendant Company as follows:
The annexed agreements are the seals and seals of the plaintiff and the defendant company, and the seal between the contract of this case and the annexed agreements shall be affixed.