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(영문) 서울중앙지방법원 2016.08.11 2015가단5294881
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are those who enter into an agency contract with SK Telecom Co., Ltd., KT, etc. and engage in the sales of telecommunications equipment.

Article 3(1) The Plaintiff’s Alternative Information and Communications Network may sell a mobile phone terminal that has been provided to the Defendant on the condition of joining or opening a mobile phone, and the ownership of a mobile phone that has not been joined or has not been opened is on the Plaintiff’s Alternative Information and Communications Network.

② Until the total amount of sales proceeds of terminals and other products supplied by the Plaintiff large-scale information and communications services is settled, the ownership of mobile phones and other products shall have the Plaintiff large-scale information and communications network.

Article 4 The defendant shall not, in no case, transfer or dispose of the rights or obligations arising from the mobile telephone terminal and other products or this contract provided by the plaintiff large-scale information and communications.

Article 6 (1) The defendant shall pay the price for the product purchased from the plaintiff large information and communications network or the amount received from the customers to the plaintiff large information and communications network on the next day following the receipt.

Article 7. Mobile Terminals and other mobile phones and other products that occurred prior to delivery of mobile phones and other products shall be liable to the Defendant, and the conversion price of mobile phones and other products shall be paid to the Plaintiff Substitute Information and Communications at the time of occurrence of the damage.

B. On February 3, 2015, in the name of the mother of the Defendant, B entered into a contract with Plaintiff Daelim Information and Communications Co., Ltd. (hereinafter “Plaintiff Daelim Information and Communications”), including sales of mobile phoness. The main contents are as follows.

(hereinafter referred to as “instant First Contract”) C.

B On December 24, 2014, in the name of the Defendant, her mother, entered into a sales contract with the Plaintiff (hereinafter “Plaintiff”) for the sale, etc. of mobile phone terminal devices. The main contents are as follows:

and below, and above.

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