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(영문) 부산지방법원 2015.08.12 2014가합11423
채무부존재확인
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. On August 11, 201, Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) entrusted the Plaintiff Company with the attraction, management and other business of the mobile communications subscriber, and the Defendant entered into a wholesale agency contract with the content that the Defendant will perform the duties of the entrusted duties and the supply of devices and related goods (hereinafter “instant primary agency contract”). At the time of entering into the instant contract, Plaintiff E and B jointly and severally guaranteed the obligation owed by the Plaintiff Company to the Defendant due to the instant primary agency contract.

In addition, the Plaintiff Company concluded a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) in order to guarantee the payment of the cost of a mobile phone terminal amounting to approximately KRW 200 million supplied by the Defendant. At that time, the rest of the Plaintiffs except the Plaintiff Company jointly and severally guaranteed the liability for indemnity that the Plaintiff Company bears against Seoul Guarantee Insurance.

Article 3 (Scope of Agency Services)

1. The term "agency business" means the business of supplying goods, the business of attracting subscribers, and the business of managing subscribers entrusted by an agency by a company;

1. Goods supply service: the service of purchasing and selling terminal devices and related goods from the company and selling them to subscribers and 2) the service of attracting subscribers: the service of obtaining monthly user fees and lump-sum subscription to the service of the company and their incidental services 3); the service of receiving subscription fees and lump-sum subscription fees; the service of providing A/S to terminals; customer answers to the customer; changes in the terms and conditions of subscription and subscription matters; the response of customer complaints and requests; the exchange and sale of goods; and the service of exchanging and selling goods and other services incidental thereto;

1. The agency shall pay the goods in cash not later than the fifth day of the following month of the month to which the delivery date of the goods belongs (hereinafter referred to as “payment date”).

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