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(영문) 대구지방법원 2019.02.14 2018나306360
영업환수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff’s agent (hereinafter “Plaintiff’s agent”) is a person operating the Plaintiff’s agency, and the Defendant entered into a contract on entrustment of business affairs related to the sale of mobile phones, etc. (hereinafter “instant contract on entrustment of business affairs”) and sold mobile phones, etc. at the Plaintiff’s agency from May 2015 to November 30, 2016.

B. The main contents of the instant entrustment contract are as follows.

A contract on entrustment of business affairs (hereinafter referred to as "D") and B (hereinafter referred to as "contractor") shall enter into a contract (hereinafter referred to as "this contract") as follows in order to provide for the rights and obligations between D and the contracting party in the course of performing the business affairs entrusted by D:

Article 3 (Scope of Entrustment of Duties)

1.The details of the entrustment of duties to be performed by the contractor under this Agreement are as follows:

(1) Customer management services, such as promotional activities of direct sales of wire communications services and radio communications services, and other services incidental thereto. (3) entry of necessary information into D computer systems with respect to customers induced or managed by a contractor. (4) Explanation and notification of terms and conditions of service use, collection and use of personal information, explanation and notification of provision of a third party entrusted with handling, and receipt of consent thereto. (5) Business affairs requested by D with respect to continuous management and maintenance of subscribers and customer satisfaction services collected by a contractor.

1. The Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. shall be performed by a contractor by reasonable and fair means in performing the entrusted duties, and the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. shall be applicable so as not to inflict damage on the customers

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