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(영문) 대구지방법원서부지원 2014.05.16 2013가합1007
채무부존재확인등
Text

1. The written application for membership filed by the Plaintiff (Counterclaim Defendant) from May 2012 to November 201 of the same year from Nonparty C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship between the parties 1) The Defendant is a company with the business purpose of telecommunications services, such as mobile phones and ultra-high speed Internet, and the Plaintiffs are companies engaged in mobile telephone agency services entrusted by the Defendant, such as attracting and managing the Defendant’s mobile phone subscribers, and selling terminal devices. (2) Nonparty C operated a mobile phone sales store with the Defendant’s mobile phone from April 201 to September 201, and operated a sales store with the “E” from April 201 to September 201.

B. (1) Nonparty F entered into an agency contract with the Defendant from around 2009 to his wife under the name of G, and thereafter run the mobile phone agency with the trade name “A” from around that time. On October 26, 2012, Plaintiff A Co., Ltd. (hereinafter “A”).

Since then, Plaintiff A (hereinafter referred to as Plaintiff A, F, and G together with Plaintiff A, “Plaintiff A”.

(2) On November 28, 2012, between the Defendant and the Defendant, the said Plaintiff entered into an agency agreement with the acquisition of all rights and obligations of G on the said agency agreement, and took over all the agency business of the said “A” that was operated under the name of G. (2) Nonparty H entered into a mobile phone agency agreement with the Defendant from 2011, and operated the mobile phone agency with the name of “I” from that time. On July 3, 2012, the Plaintiff Company B (hereinafter “B”) was established.

After July 6, 2012, B (hereinafter collectively referred to as “Plaintiff B”) entered into an agency contract acceptance agreement with the Defendant with respect to the above agency contract with the content that the above Plaintiff acquired all the rights and obligations of the Defendant of the above H, and acquired all the agency business of the above “I” operated in the name of H.

3) The agency contract (No. 26, No. 32, hereinafter referred to as “the agency contract”) which the plaintiffs accepted in 2012.

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