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(영문) 서울중앙지방법원 2017.05.16 2015가합12579
약정금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are companies engaged in the sales of mobile phone devices (hereinafter “phones”) and the solicitation management business for the entrustment of mobile communications services, and the Defendant is mobile communications business operators.

B. From July 2009 to March 201, 208, Plaintiff A entered into an entrustment agency contract and service consignment agreement with the Defendant, respectively, and from November 2008 to March 2015, Plaintiff B entered into an agreement on the entrustment of mobile communications services with the Defendant (hereinafter “instant entrustment agreement”) and an agreement on the entrustment of services attached thereto (hereinafter “instant entrustment agreement”). A multiple contracts were concluded between the Plaintiffs and the Defendant for the said period, and the text and order of part of the contract are somewhat different according to the contract, but the main contents are the same. However, the contract entered into between Plaintiff A and the Defendant on October 24, 2012 (Evidence 3-1 and 2).

Article 2 (Observance of Relevant Provisions, etc.) (1) An agent (referring to each plaintiff) shall comply with Acts and subordinate statutes related to entrusted duties, terms and conditions of use, and business regulations of the company (referring to the defendant) in performing entrusted duties under this contract by paying fees and sales incentives to the plaintiffs.

Article 4 (Scope of Entrusted Services) The scope of services entrusted by a company to an agency shall be governed by a separate agreement.

Article 18 (Agency Fees) (1) A company shall pay the following fees to an agency, as provided for in a separate agreement:

1. Commissions for soliciting customers;

2. Fees on customer management;

3. Other fees. (3) In the event that an agency violates or fails to comply with the related Acts and subordinate statutes, terms and conditions of use, consignment contract, and business management rules in performing entrusted duties, the company shall pay all or part of the fees as provided in paragraph (1).

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