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(영문) 부산지방법원 2016.06.14 2015가단219999
채무부존재확인
Text

1. The damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is set forth in the text of paragraph (2) of this Article.

Reasons

We will also examine the main lawsuit and the counterclaim (claim for Damages).

1. Facts of recognition;

A. The Defendant is the subsidiary company and agent of the mobile phone Ecomcom Co., Ltd. (hereinafter “Stecom”) in charge of the wholesale and retail business of mobile phones and the opening business of mobile phones. The Plaintiff is the operator of “B”, who reviewed the issuance of a sales place code from the lower sales store and received a request for opening the mobile phone from the lower sales store, and received a request for opening the mobile phone from the lower sales store, and received a request for opening the mobile phone using its sales place code from the upper sales agency and received a fee, etc. from the said opening agency, and settled it with the lower sales store.

B. On December 7, 2011, the Plaintiff entered into a contract on the entrustment of the following (hereinafter “instant entrustment contract”) with the Defendant, and around that time, between the Defendant and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) entered into a contract on the guarantee of the liability for damages under the said entrustment contract, setting the insured amount as KRW 10 million with the Defendant and the insurance amount as KRW 10 million.

Article 2 (Adjustment of Terms)

6. The term “titled use” means an act that a specific person purchases “goods” under another person’s name or without permission, or does not pay the price for “goods, etc.” and charges for the use of “goods, etc.” after having subscribed to “goods, etc.” and “goods, etc.” (including where a person purchases “goods, etc.” in his/her family or relative name without permission of his/her family or relative, or where he/she purchases “goods, etc.” in his/her family or relative name. (4) The plaintiff must request the defendant to open the “goods, etc.” after confirming the identity of “consumers, etc.” after having verified the identity of “goods, etc.” through thorough identification at the time of selling “goods, etc.”.

5. In selling “goods, etc.,” the Plaintiff purchases “goods, etc.” or “goods, etc.,” to the Defendant.

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