(영문) 서울남부지방법원 2016.09.30 2016가단217707

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(영문) 서울남부지방법원 2016.09.30 2016가단217707

손실보상금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 2013, the Plaintiff (hereinafter “instant agency contract”) entered into an agency contract (hereinafter “instant agency contract”) with the Defendant, a personal entrepreneur using the trade name of “B,” with the Plaintiff, regarding the sale and leasing of the Plaintiff’s products, and the main contents thereof are as follows.

Article 1 (Purpose of Contract) The purpose of this Agreement is to determine the matters necessary for carrying on the agency business, such as by participating in the agency of “A” as an agent of “A” and selling the goods of “A” to consumers in connection with the sales and rental business of the instant freeter (referring to the Plaintiff) of “A.”

Article 4 (Supply, Establishment, Settlement, etc. of Products)

1. The term “A” means supplying goods to “B” in the form of a general sale or rental sale, and in this case, the term “B” means obtaining the consent of “B” and selling goods to general consumers in the form of office.

3. In the case of a lease sale under paragraph (1), the detailed terms, such as a lease period and a rent, shall comply with the terms and conditions of individual transactions separately set forth in A and B.

4. “B” shall conduct sales activities on its own account and shall notify the “A” and request the supply and installation of the goods where the prior customer is promised as a result of the activities.

8. In principle, “A” establishes goods within three days from the date of the order of “B” and notifies “B” of the result of the installation upon confirmation by the customer of “B” instead of the delivery and installation confirmation procedure.

Article 7 (A/S Entrusted Management and Customer Management)

1. The installation of a good for which “B” is in office and A/S shall take charge of “B” at the request of “B”, and the detailed contents and conditions of “A” and “B” shall be governed by the separate provisions of “B” and “B”.

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