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(영문) 서울중앙지방법원 2015.06.12 2014나55818
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On December 9, 2011, the Plaintiff entered into a sales consignment agreement (hereinafter “instant agreement”) with the Defendant, under which the Plaintiff was entrusted with the Defendant’s attraction of subscribers to mobile communications services and the resale of mobile communications devices accompanied thereby (hereinafter “phones”) and was paid the commission from the Defendant depending on the sales and subscription record (hereinafter “instant agreement”).

B. Of the content of the instant contract, the part pertaining to the instant case is as follows.

1) The Plaintiff shall sell the device entrusted by the Defendant to the subscriber in his custody, and the ownership of the device is against the Defendant, and if the Plaintiff intentionally or negligently loses or was stolen the device in his custody, the Plaintiff shall compensate the Defendant for the damage therefrom (Article 2(1) through (3)). The Defendant shall pay the Plaintiff a prescribed fee for the performance of the consignment business, and the method of calculating the fee shall be in accordance with the criteria for calculating the fee that the Defendant separately notifies the Plaintiff (Articles 2(5) and 3(1)) (Article 2(5)). According to the foregoing criteria, when the Plaintiff terminates the additional service, etc. during his custody, the Plaintiff shall refund the fee that the Plaintiff already received from the Defendant for the performance

3) The Plaintiff’s act of selling a device in violation of the “measures against the Types of Unfair Business and Violations” and relevant Acts and subordinate statutes entered into with the Defendant is prohibited (Article 2(4)). In a case where the Plaintiff did an unfair business act, such as failing to clearly verify the identity of the insured through his/her identification card, or selling a device without the proxy’s confirmation process for the insured himself/herself, the Plaintiff shall compensate for the Defendant’s damages arising therefrom (Article 1(3) and (4) and Article 5(3) of the “Measures against the Types of Unfair Business and Violations” added to the written contract.

2.3

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