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(영문) 대구지방법원서부지원 2016.10.21 2015가합282
채무부존재확인등
Text

1. The Plaintiff opened an application form from July 2012 to October 2012.

Reasons

1. Basic facts

A. Status of the parties

(1) The Defendant is a mobile communications company that operates the telecommunications business, and the Plaintiff is a company that is entrusted by the Defendant with the business of attracting and managing mobile phone subscribers and selling mobile devices.

D. B operated a mobile phone sales store in the name of “D” from April 2012 to September 2012 while operating a mobile phone sales store from around 2003 to around 2011.

B. Plaintiff’s business takeover, etc.

(1) On August 20, 2012, the Plaintiff was established on August 20, 2012, and around that time, acquired the entire business of “A” mobile phone agents from E (the name before the name is F and the Plaintiff’s representative).

d. The main contents of the 2012 agency contract accepted by the Plaintiff and the subsidiary contract for the handling of the flive goods (hereinafter “agency contract”) incidental thereto are as follows.

[Agency Contract] Article 2 (Observance, etc. of Relevant Provisions)

4. In attracting customers, the agency shall not commit any of the following acts:

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

5.In attracting customers, the agency shall comply with the following requirements:

1) The Company (Defendant Company) must verify the identity of the customer in the manner determined by the Company (hereinafter referred to as the Company) and register its evidential documents (including written application for subscription, identification cards, recording files, etc.) with the Company’s business system.

1. The Company shall pay a commission in return for the agency’s performance of its contractual duties, and its detailed details, such as the standards and methods for the payment of the commission for each product, for each business, and for recovery criteria and methods, etc., shall be subject

2.The fees shall be paid only when this Agreement, its subsidiary agreements, and the customer’s service contracts have arisen during the effective period of time, and in other cases, the agency may not assert its payment.

this paper.

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