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(영문) 서울중앙지방법원 2017.09.08 2016가합539149
약정금
Text

1. Defendant (Counterclaim Plaintiff) and Plaintiff (Counterclaim Defendant) Co., Ltd., Ltd., 199,470,354 won, and Plaintiff (Counterclaim Defendant) Co., Ltd.

Reasons

1. Basic facts

A. The Defendant entered into an agency contract between the Plaintiffs and the Defendant on August 201, 201, and around May 201, the Defendant entrusted the attracting, management, and other services of the mobile communications subscriber to the Plaintiffs, an agent, and the Plaintiffs entered into an agency contract between the Plaintiff A (former Company Name: C) and the Plaintiff B (former Company Name D:D), respectively.

After December 20, 2012, the Plaintiffs and the Defendant concluded a new contract specifying the contents of the existing contract.

(hereinafter referred to as “each agency contract of this case”). The contents of each agency contract of this case relating to this case are as shown in the attached Form.

(B) The contract is the standard for the contract concluded around December 20, 2012, and the transfer contract also provides the same purport.

(2) On August 9, 2012, Plaintiff A submitted a letter of confirmation that “The representative director E of Plaintiff A, who, in violation of each agency contract of this case and the Defendant’s penalty for breach of contract, shall be liable for all civil and criminal liability arising from the Defendant’s failure to settle all customer petitions, and shall be liable for all civil and criminal liability arising from non-treatment of customer petitions,” in relation to the attracting of the insured as the Defendant’s agent from June 2012 to September 2012, 2012.

3 On September 19, 2012, “F” of Plaintiff B’s representative director was changed to the Defendant on September 19, 2012: The name of the Company: (a) entered into an agency contract with LG Plus Co., Ltd. and engaged in the following unfair business during the transaction; and (b) compensate for damages to the insured, pursuant to Article 28(2) and (3) of the text of the agency contract.

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