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(영문) 부산지방법원 2016.11.11 2016나47369
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the costs of appeal, the part pertaining to the participation in the appeal shall be the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an individual entrepreneur who runs a mobile phone sales business, and the Plaintiff’s assistant intervenor is a corporation that runs a telecommunications device wholesale and retail business.

B. On June 14, 2012, the Defendant entered into a contract on consignment sales of telecommunications equipment (hereinafter “instant sales contract”) with the Intervenor joining the Plaintiff, as indicated below.

2. (Notice of Insured) The Defendant shall deliver to the Plaintiff’s Intervenor all documents containing his personal information and equipment numbers at the time of the consumer’s subscription to the goods to the Plaintiff’s Intervenor immediately and then deliver to the Plaintiff’s Intervenor the goods at the time of the consent processing.

4. (Fees) When the Plaintiff’s Intervenor examines and verifies the Defendant’s application form, etc., and deposits the mobile phone and telecommunications equipment commission fee on the case which became open, the Defendant must submit a statement to the Plaintiff’s Intervenor.

(A) The Defendant compensates the Plaintiff’s Intervenor for the fees paid for the cases where the Plaintiff’s Intervenor incurred gold loss due to abnormal sales, such as largephones, tinphones, abnormal subscription for not more than six months, and ex officio termination without the record of the receipt of the fees, on the goods consigned by the Defendant among those of the Plaintiff’s Intervenor.

(hereinafter omitted)

C. When concluding the instant sales contract, the Defendant concluded a performance guarantee insurance contract between the Plaintiff and the Plaintiff at the request of the Plaintiff’s assistant intervenor (hereinafter “instant guarantee insurance contract”).

The insured worker: The insurance amount covered by the Plaintiff’s Intervenor: From June 15, 2012 to June 14, 2013: The amount covered by the insurance amount: 10 million won: A compensation liability guarantee under a communications business contract.

D. On July 11, 2014, the Plaintiff’s Intervenor’s Intervenor recovered the relevant fee from SK Telecom, a telecommunications service provider, due to the Plaintiff’s abnormal business activities (at least three months’ monetary supply and data sales).

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