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(영문) 서울중앙지방법원 2018.12.12 2017가합571997
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff (former company: C) is a company with the purpose of installment financing business, etc., and the defendant is a company with the purpose of information and communications business, etc.

B. On December 28, 2009, the Defendant: (a) entrusted the Defendant with the business of purchasing goods and services and receiving fees from the Defendant; and (b) entered into a consignment agency contract with the content that the Defendant shall pay a certain fee to D in return (hereinafter “instant contract”).

Among the consignment agency contracts prepared under the instant contract (hereinafter “instant contract”), the main contents related to the instant case are as follows:

Article 3 (Scope of Entrusted Affairs)

1.B (the defendant speaks, hereinafter the same shall apply) shall entrust the following affairs to an entrusted agency (the words "D"; hereinafter the same shall apply):

B Business affairs concerning subscription, etc. to goods and services and vicarious execution of their incidental affairs;

(b) Performance of customer management services, including affairs concerning the receipt of fees and affairs incidental thereto by proxy;

(c) Performance of follow-up services on behalf of customers;

2.B may additionally entrust services falling under any of the following to the extent permitted by relevant legislation, etc. in consultation with a commissioning agency:

B Performance of services and incidental services which shall be conducted by agreement with its subsidiary companies

(b) Other affairs deemed necessary for customer convenience, and affairs deemed necessary to be entrusted ex officio in connection with this contract;

3. The fees for each good and service that can be handled by the entrusting agency shall be determined by a separate fee agreement;

4. A commissioning agency may not carry out the services related to the services other than those provided for in paragraphs (1) through (2) of this Article without the prior consent of Section B.

Article 11 (Fees and Incentives)

1.B may pay fees to the entrusting agency in accordance with the separate annexed agreements, and the annexed agreements shall be in accordance with the provisions of this Agreement.

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