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(영문) 광주지방법원 2015.11.27 2014가단514412
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts falling under any of the following subparagraphs may be acknowledged as whole by taking into account the following facts: Gap's 1 through 9, 29, 31 through 33, 35, Eul's 3 through 5, 12, 13, 17 through 21, 23, 24, 35, and Eul's 1, 26-1 through 31, Eul's 7, 9, 28 through 32, Eul's 8, 11, 26-1 through 32, Eul's 1 through 10, 14, 15, and 25-1 through 4, Eul's 16, 22, 27-1 through 3, 33, and 34-1 through 28-1, and the purport of the whole pleadings:

On March 10, 201, the Plaintiff entered into an agency contract between the Plaintiff and the Defendant with the following agency contracts, and thereafter, operated 13 stores in the Gwangju metropolitan area.

-agency contract - The defendant (hereinafter referred to as the "company") and the plaintiff (hereinafter referred to as the "agency") shall entrust the "company" with the attraction, management and other services of the mobile communications subscriber (hereinafter referred to as the "subscriber"), and the "agency" shall enter into this contract with the following terms in order to perform the duties of the entrusted duties and the supply of the terminal and accompanying goods:

Article 2 (Definitions of Terms)

3. Revenue receipt: Money which a “agency” receives directly from a “subscriber” or is being received by a “company” on behalf of a third party in connection with the business of a “agency”, such as a lump-sum subscription fee, monthly user fee, etc., and is payable to a “company”;

4. Fees: Money paid by the “company” to the “agency” under this contract and related agreements on the condition that the “agency” normally performs this contract, which is listed in Article 10 [the method of payment for received money, goods price, etc.].

1.The amount received by the “agency” on behalf of the “company” in connection with the management of the insured shall be immediately received from the “subscriber” from the “subscriber.”

Therefore, it is true.

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