1. 원고의 피고 더케이네트웍스 주식회사에 대한 소를 각하한다.

2. The plaintiff's Seoul Guarantee Insurance.

1. Basic facts

가. 이 사건 영업위탁계약의 체결 원고는 ‘B’라는 상호로 인터넷가입유치, 전화가입유치를 영업하는 자로서 2015. 10. 20. 피고 더케이네트웍스 주식회사(이하 ‘피고 더케이’라고 한다)로부터 피고 더케이가 판매하는 KT의 통신상품에 대한 영업업무 위탁계약(이하 ‘이 사건 영업위탁계약’이라 한다)을 체결하였데, 그 주요 내용은 다음과 같다.

Article 2 [Scope of Entrusted Business Goods and Scope] The term “B” for each Entrusted Goods shall perform public relations, solicitation, and application duties as provided for in “A”, and shall have the duty to maintain and manage the relevant customer.

-The business objectives, obligations and performance scope for each entrusted business shall be separately determined by “A”, and “B” shall perform them in good faith.

- ‘A' may require ‘B' to provide real estate security and credit guarantees which are habitually used in the workload;

- ‘B' must continue to maintain and manage the subscription, receipt and opened participants following the inducement of accession.

Article 3 [Entrustment Fee] The types of fees that a “A” pays to “B” in return for the performance of entrusted duties, the standards and timing for the payment of fees, etc. shall be as set out in Appendix 1.

(Amount of fees may be changed each month). Article 11 (Recovery of Fees and Unpaid Provisions) “B” is obligated to refund in accordance with the terms and conditions of this Agreement the fees and charges set forth in paragraph (2) of Annex A in accordance with the following subparagraphs:

(1) If the customer’s actual period used by the customer from the next month following the opening of the fee does not exceed six months, or if the customer terminates the fee ex officio due to unpaid payment, “A” shall recover the fee paid to “B”; and if the customer fails to perform this, “A” may take legal measures on the property and real estate owned by him/her.

Appendix 1 (Standards for Payment of Fees and Documents to be Submitted) “A” has been confined by “B” to “B.”