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(영문) 대구지방법원서부지원 2016.01.27 2015가단33407
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is liable to the defendant (Counterclaim plaintiff) for 97,628.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established for the purpose of wholesale and retail business of telecommunications equipment, distribution business, Internet service business, etc., and the Defendant is a company established for the purpose of selling telecommunications equipment and facilities and attracting subscription to the Internet.

B. From October 2013, the Plaintiff and the Defendant entered into a business consignment agreement with the Defendant on November 22, 2013 with respect to the consignment of the sale of Internet communications products (hereinafter “instant agreement”) where the Plaintiff received communications goods from the Defendant, and the Plaintiff received the Defendant by attracting customers to the communications goods of EL Plus, KSBD Co., Ltd., and KS Co., Ltd. (hereinafter “Nonindicted Company”).

C. Among the instant contracts, the main contents on the Plaintiff’s responsibility are as follows.

Article 2 (Scope of Entrusted Goods) B (the plaintiff of this case; hereinafter the same shall apply) for each Entrusted Goods shall carry out public relations, solicitation, application, etc. as provided for by Gap (the defendant of this case; hereinafter the same shall apply) and shall have the duty to maintain and manage the relevant customers.

(3) A may ask B to perform all his/her responsibility when a dispute arises between B and his/her customers in connection with entrusted duties.

(7) Eul shall make an offer, receive, and continuously maintain and manage the outlined insured by attracting him/her to join.

(8) Civil and criminal liabilities, such as the amount of compensation related to entrusted duties and all related expenses, and the expense incurred in taking measures in connection therewith, shall be discharged.

Article 3 (Entrustment Fees) The types of fees paid to A in return for the performance of entrusted duties, the standards for payment of fees and the timing for payment of fees, etc. shall be as specified in paragraph (1) of the attached Table 1.

Section 4 (Payment of Price) A shall be liable to pay the fees and charges referred to in Appendix 1 in accordance with the following subparagraphs upon the fulfillment of the terms of this Agreement in good faith:

(2) A shall be liable for the payment of B.

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