(영문) 부산지방법원 2017.08.17 2015가단220715

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(영문) 부산지방법원 2017.08.17 2015가단220715

기타(금전)

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1. The Defendant shall pay to the Plaintiff KRW 62,152,600 and the interest rate of KRW 15% per annum from June 25, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who operates a retail store for mobile phone machines supplied and sold by the Defendant under the trade name of “C,” and the Defendant is an individual entrepreneur who operates a mobile phone wholesale store under the trade name of “D.”

B. Around August 4, 2014, the Plaintiff entered into a sales consignment contract with the Defendant with the following content while engaging in various business activities relating to the sales, etc. of mobile phone devices and related articles provided with mobile phone devices from the Defendant.

(hereinafter referred to as the “instant consignment contract”). The purpose of this contract is to provide for matters necessary for D (hereinafter referred to as “D”) and C (hereinafter referred to as “contractor”) to carry out the business of attracting subscribers to mobile communications services (hereinafter referred to as “subscribers”) and the business of selling devices and ancillary goods.

Article 1 [Definition of Terms] The terms used in this Agreement shall be used in the following meanings:

2. Fees: The amount that the contractor pays to the contractor as consideration for the attraction and sale of subscribers on condition that the contractor faithfully implements this contract;

Article 3 [Fee and Settlement of Accounts]

1.D shall pay to the contractor the fees under this Agreement on the terms and conditions subsequent to the occurrence of any of the following grounds, and the contractor shall promptly refund to D the fees already paid in connection with the attraction of the subscriber in any of the following cases:

(4) Where a contractor attracts the relevant insured person in violation of the duty of accuracy business prescribed in Article 8.

4. D shall settle accounts for the attraction of policyholders by the end of each month of the sales performance of the consigned terminal devices, and pay to the contractor the fees in accordance with the standards for calculation of the fees set forth in paragraph (2) by the 30th of the following month (the next business day if 30 days are on holidays).

6. D. D. In connection with this Agreement

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