(영문) 부산지방법원 2015.12.18 2014가단206064

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(영문) 부산지방법원 2015.12.18 2014가단206064

사해행위취소

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1. The plaintiff's primary claim against the defendants is dismissed in entirety.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates the mobile phone sales business in Busan while operating the mobile phone sales store, and the Defendant A is a person who executes the mobile phone sales business in Busan after concluding a contract with the EL Plus Co., Ltd. (hereinafter “EL Plus”) with the mobile phone sales agency (hereinafter “EL Plus”).

B. From April 201, the Plaintiff was supplied with a ELP cell phone device between Defendant A and performed the recruitment of subscribers by proxy, and sold a mobile phone by proxy upon receiving fees depending on the performance of the recruitment.

On June 201, which was doing so, a business performance contract (hereinafter “instant contract”) was concluded on June 201, and the following provisions are provided for the payment and restitution of fees:

[The contents of the contract of this case (explication)] Article 2 (Duty of Good Faith) (1) "B (referring to the plaintiff; hereinafter the same shall apply)" must comply with the relevant laws, regulations, terms and conditions of service use, etc. of the LGP Co., Ltd. (hereinafter the same shall apply) and the contract terms and conditions.

(2) “B” shall not engage in any of the following conduct in attracting customers.

4. Having the existing customers of “A” or the customers attracting “B” join the accounts of “A” and “LG Plus competitors” under contract with “A”;

5.Other acts in violation of the business guidelines of “A”: Article 6 (Definition of Terms): (1) of the Fees to be paid in cases where “B” opens after attracting a new customer; Article 7 (Criteria for Payment of Fees) of the Fees to be paid in cases where “B” is opened after attracting a new customer; and (2) shall receive an application for the use of the LG Plus from the subscriber to “A” and submit it to “A” and pay the subscription fees for the

Attention fees: Regional Standards (total), Details (which shall be equivalent to the amount of monthly fee adjustment between the two companies during the contract period), and Non-Opening Criteria (1) "A" shall be construed as "B."

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