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(영문) 서울중앙지방법원 2020.09.10 2019나50283
위탁판매수수료
Text

The part of the judgment of the court of first instance against the plaintiff corresponding to the order to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant is a corporation that sells goods, such as exclusive oil, etc. necessary for opening mobile phones, entrusted by a business operator who resells a network of a mobile network, and the Plaintiff is a personal business operator who directly sells goods, such as exclusive oil, etc., to the final consumer with the trade name “D”.

B. Around January 2017, the Defendant entered into a sales agency contract with E on the sales and opening of the exclusive use of mobile phones, and sold the exclusive use of mobile phones supplied from E through general sales stores.

C. On September 15, 2017, the Plaintiff, a general sales store, entered into an entrustment contract (hereinafter “instant entrustment contract”) with the following terms, upon being supplied with the exclusive oil by the Defendant and the Defendant and selling it to customers, and having certain fees paid according to its performance:

Article 2(Entrustment Matters) ① Sale of “services”, customer recruitment and maintenance, and customer identification verification. ② The outline of “services” and the affairs incidental thereto. ③ the affairs to be handled through contracts between “Defendant” and “Defendant” and “Defendant”, ④ all of the affairs related thereto, and the affairs incidental thereto, ④ the affairs to be entrusted to “Plaintiff”, etc. ② In the opening of “services”, “services”, the “Defendant” shall have the obligation to verify the customer concerned, and the best shall be made in determining the integrity and authenticity of the documents necessary for the opening of “services”.

3. The term "Plaintiff" shall not engage in any act of opening illegal financial business/largephones/sponphones/duphones, and other acts prohibited by mobile operators of "Defendants", and shall bear the duties of education, supervision, and supervision of employees in relation thereto.

Article 5 (Fee and Settlement) (3) The term "Defendant" may recover fees in the event of violations under this Agreement committed by the plaintiff, and the amount and method of recovery shall be "Defendant".

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