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(영문) 대구고등법원 2016.03.30 2014나2397
채무부존재확인등
Text

1. The judgment of the court of first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim expanded in the trial, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or may be acknowledged by the respective entries in Gap evidence Nos. 1, 2, 9, and Eul evidence Nos. 1, 4 through 24, 26, 27, 30 through 33, 36, 37, and 52 (including branch numbers where no special indication is made; hereinafter the same shall apply) and the whole purport of pleadings, and there is no counter-proof.

1) The Defendant is a mobile communications company that operates telecommunications business, etc., and the Plaintiffs are companies that operate mobile phone agents after being entrusted with the business of attracting and managing mobile phone subscribers and selling mobile devices from the Defendant. 2) C operates a mobile phone sales store with the name of “E” from April 201 to September 201.

B. The Plaintiffs’ agency business transfer 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

(2) On October 26, 2012, the Plaintiff Company B (hereinafter “Plaintiff B”) was established on July 3, 2012, and acquired the entire business of “I” mobile phone agents operated by H from G on November 28, 2012. The Plaintiff Company B (hereinafter “Plaintiff B”) acquired the entire business of “I” mobile phone agents operated by H from H on July 6, 2012.

3) The main contents of the agency contract of 2012 (No. 26 and 32) that the plaintiffs accepted and the subsidiary contract for handling mobile goods (Evidence No. 30 and 36) that was concluded in addition thereto are as follows:

4. In attracting customers, the agency shall not do the following acts:

An act of falsely stating, forging or falsifying one application form.

5. In attracting customers, the agency shall comply with each of the following subparagraphs:

1) The Company (Defendant Company) confirms the identity of the customer by the method determined by the Company (Defendant Company) and includes documentary evidence (including an application for subscription, identification card, recording file, etc.).

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