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(영문) 수원지방법원성남지원 2013.12.04 2013가합9860
수수료 반환
Text

1. The Plaintiff, Defendant A, and Defendant B, from August 7, 2013, with respect to KRW 80,930,684 and each of the said money.

Reasons

1. The indication of the claim [a contract for sales consignment (hereinafter referred to as “first contract”)]

[1] Article 2 (Entrustment of Inducement of Insured Status, etc.) (1) The Defendants, in principle, sell the devices entrusted by the Plaintiff to the subscribers they retained, and sell them by applying the unit price for each device with the application form and required documents set in advance by the Defendant.

④ The Defendants may not sell a device in a manner that violates the “unfair type of business and measures against violations” entered into with the Plaintiff.

(5) The Plaintiff shall pay the Defendants a fixed fee for the performance of the consignment sale business.

【Measures against Violations of Unfair Business Type (hereinafter referred to as “Second Contract”).

[2] Article 1 (Prohibition of Unfair Business Practices) The Defendants do not engage in any of the following acts in attracting subscribers.

7. The act of falsely opening or registering the mobile communications circuits and devices in the name of an unspecified person who is not the actual subscriber (unfair registration and change) shall not commit any of the following acts using the customer information of the subscriber without the consent of the subscriber:

6. Other acts of collecting, keeping, using, or providing services for any purpose other than those for use (Cancellation and termination of a contract, and compensation for losses)

2. In the event that the Defendants committed an act falling under any of Articles 1 through 4, the Plaintiff may withhold the payment of the commission to the Defendants and recover the commission paid in return for the act of business falling under each of the Articles.

The plaintiff is an agent of ELS Co., Ltd. with the purpose of product brokerage, mobile phone sales, and telecommunications equipment sales.

In around 2012, the Plaintiff entered into a contract with Defendant A and D, which operate a mobile phone sales consignment store in the name of Defendant A and D, respectively, with the following contents.

B. The Defendants are terminal devices.

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