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(영문) 서울중앙지방법원 2018.07.16 2017나66055
휴대전화불법개통으로인한 손해배상
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the wholesale and retail business of mobile phones and international telephone pre-paid cards, and the Defendant is a person who runs the wholesale and retail business of mobile phones with the trade name of “B”.

B. On January 22, 2016, the Plaintiff entered into a consignment contract (hereinafter “instant contract”) with the Defendant to entrust the Defendant with the attraction of the subscribers with respect to mobile communications services, mobile devices, etc. dealt with by the Plaintiff. The main contents are as follows.

Article 6 (Operational Work for Adopteds) (2) The defendant's work is performed.

D. When receiving a contract for the use of services and goods on behalf of the plaintiff, the defendant shall faithfully perform the business related to the entry of all goods, such as the submission of the application signed by the customer and the attachment of a copy of identification card.

Article 7 (Verification of Detained Insured) (2) Any liability for the customer’s civil petition that arises when the defendant’s accurate notice is not induced, shall be borne by the defendant in accordance with the Telecommunications Business Act and the terms and conditions of this Agreement.

Article 9 (Processing of Civil Petitions) (3) The defendant shall be held responsible for all civil petitions that may arise from the sale of a letter, other than the attraction of subscribers under Articles 6 (2) and 7 (the illegal use of name, substitute writing, the details of subscription, etc.).

Article 11 (Indemnification) (1) The plaintiff and the defendant shall compensate for losses incurred by any third party, such as each party or customer, by intention or negligence, in violation of this contract or related agreements, obligations under related Acts and subordinate statutes, and business performance regulations.

(2) Damage caused by the theft of name or unlawful alteration (free currency, termination within three months), etc. shall be promptly compensated by the defendant who is the seller, and 500,000 won per case of the theft of name and 100,000 won per case of unlawful alteration which does not comply with this Agreement shall be imposed, and all fees paid by the plaintiff shall be recovered.

C. According to the instant contract, the Defendant from January 22, 2016 to January 2016.

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