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(영문) 서울동부지방법원 2019.08.23 2018가단127638
채무부존재확인
Text

1. From January 4, 2018 to June 2018 under a contract on entrustment of business affairs concluded on January 4, 2018 between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. The Defendant is a company that engages in the sale of services such as mobile phones, wireless Internet, etc., the provision of related contents, and the sale of terminal communications equipment, etc., and the Plaintiff is an individual who sells mobile phones, etc. with the trade name of “F.”

B. On January 4, 2018, the Defendant entered into a contract on the entrustment of the sales of goods, services, etc. such as mobile phones (hereinafter “instant contract on entrustment”) with the Plaintiff. The main contents related to the instant case are as follows.

Article 6 (ownership, Delivery, etc. of Goods) (1) Ownership of the goods that the Defendant entrusted to the Plaintiff is the Defendant.

② When the Defendant demands the return of the goods, the Plaintiff shall return the goods at the place designated by the Defendant on the designated date.

④ The Plaintiff and the Defendant are deemed to have completed the delivery of goods, if the Plaintiff’s employee or the person who received the goods delivers them to the Plaintiff’s employees or the employees within the Plaintiff’s business place affix their signatures or seals (including either party’s declaration of completion through electronic signature or electronic document) on documents related to delivery.

After taking over the goods, the Plaintiff shall bear risk to the goods and shall be comprehensively responsible for the management, storage, etc. of the goods.

Article 10 (Reversion of Profits, etc.) (1) Entrusted duties, such as sale of goods or services, and proceeds, etc. that the plaintiff acquired by performing his/her duties under this contract and other profits shall revert to the defendant.

② When the Plaintiff pays the profits, etc. under the preceding paragraph to the Defendant, the Plaintiff shall pay the profits, etc. to the Defendant’s deposit account.

However, where the defendant requests the payment of profits, etc. by other means, the plaintiff shall pay the profits, etc. by such other means.

Article 12 (Payment of Fees) (1) Where the Plaintiff sells goods, services, etc.

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