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(영문) 서울중앙지방법원 2017.09.07 2016가단5259106
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On December 6, 2012, the Plaintiff: (a) is the virtual mobile communications network operator (MVNO) who operates the mobile communications business from sunrise to sunrise by leasing the mobile communications network from the KS Telecom Co., Ltd.; (b) the Plaintiff and the Intervenor recruited and manages the participants to use the service as the Plaintiff’s general sales agency; and (c) the Plaintiff concluded a contract to use the MVN service, the main purpose of which is to pay a certain portion of the telecommunications fee collected from the participants recruited by the Intervenor to the Intervenor as a fee.

B. Article 6(1) of the Service Agreement provides that “The purchase and supply of a device and the terminal policy against a user, etc. shall, in principle, be carried out by the Intervenor joining the Defendant.” The above Service Agreement attached to the Service Agreement.

3. 10) Paragraph 10 of this Article provides that "the plaintiff purchases and keeps 200 Lone-phones (Vone-phones) from the plaintiff's funds, and sells them to the plaintiff's partner company or re-supply them to the defendant. For this purpose, the defendant joining the defendant shall be issued with a surety insurance policy and provide the plaintiff with the amount of 50% of the total amount that the plaintiff must hold. Since cash is required for the purchase of Lone-phones, etc., the plaintiff shall obtain the surety insurance policy and assist the defendant in preparing the device smoothly. The defendant purchase and hold the device with its own funds within the scope of the surety insurance provided by the defendant as above."

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