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(영문) 수원지방법원 2019.04.25 2018가단16665
구상금
Text

1. Defendant B and Defendant C jointly and severally filed against the Plaintiff KRW 46,896,450 and KRW 46,495,193 among them.

Reasons

1. Determination as to claims against Defendant B and Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant D

A. (1) On April 15, 2014, Defendant B and Defendant C entered into a consignment agency contract with the non-party company E (hereinafter “the instant consignment agency contract”) on the business and other duties related to the goods and services of the non-party company, and the handling of related products.

(2) Under the instant consignment agency contract, the non-party company entrusted Defendant B and Defendant C with the business of subscribing to goods and services of the non-party company and its ancillary business, and the business of customer management, including the business of receiving fees and its ancillary business, on behalf of the non-party company, etc., and supplied goods (terminal, etc.) to Defendant B and C in the process.

(3) Article 27(1) of the instant consignment agency contract provides that “The consignment agency shall provide the Nonparty company with a security recognized by the sub-committee, such as real estate and surety insurance policy, to secure the following obligations:

(b) the term “any obligation arising under this Agreement or any related arrangement and arising under the present and future obligations, any obligation arising out of its default, any obligation arising out of its default, any instrument of borrowing, any obligation arising out of any instrument of payment, and any obligation arising out of any issuance, endorsement, guarantee, or acceptance of any instrument of payment or any obligation arising out of commercial transactions;

(c) the amount of money received and collected by the entrusted agency is payable to the small company and the liability for damages caused by its failure.

The term "entrusted agency" is liable to the non-party or its customer for damages incurred by the non-party or its customer by committing an illegal act against the Telecommunications Business Act and other laws and regulations.

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