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(영문) 수원지방법원성남지원 2015.04.03 2014가합204747
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff, as a company that engages in the retail business of a mobile phone, is the representative director B and the actual operator C, and C operated the mobile phone sales agency at Lpller before concluding the contract with the Defendant.

B. Around August 2011, the Defendant entered into the instant agency contract with the Plaintiff for mobile phone sales agency (hereinafter “instant agency contract”). On August 9, 2011, the Defendant sent the agency contract with the Plaintiff as follows (hereinafter “instant contract”).

Article 7 (Separate Accounting and Payment Method)

3. In cases where the entrusted agency fails to perform the obligation to pay the fees as prescribed in paragraph (2), KT may restrict or suspend the entrusted agency under Article 3, the supply of goods under Article 20, and the lease of computer equipment under Article 14, etc. to the entrusted agency within the specified limit.

Article 12 (Methods of Payment and Return)

1.KS may offset any obligation such as fees and incentives to be paid to the entrusting agency by all the claims it holds to the entrusting agency;

Article 15 (Support for Si gnboardss and Guates) KT may manufacture and install signboards and interiors of the place of business of the entrusting agency, and lend them to the entrusting agency only in the term of validity of this contract.

Article 16 (Installation, Preservation, and Return of Signboards)

4. In principle, facilities, such as signboards, interiors, etc. shall be attached only within the term of validity of this contract, and in any of the following cases, the entrusting agency shall remove and return such facilities as signboards, interiors, etc. at its own responsibility and expense within seven days and obtain confirmation from KT:

(b) where this contract is terminated;

6.A separate arrangement may be concluded in connection with signboard and interior support, if necessary, and the agreement shall prevail over this Agreement.

Article 17 (Reimbursement of Expenses) Any entrusting agency violates any of the subparagraphs of Article 16.

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