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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
(c) The term “sale commission” means the principal of the installment, the terminal withdrawal price, and other amounts to be deducted from the sum of subsidies;
4. The term "subsidies" refers to the amount that is officially paid to the general consumers through the Plaintiff, who is a telecommunications business operator (in accordance with the notification of the telecommunications business operator). Article 7 (Clicker);
1. The Defendant shall be comprehensively liable for the portion consigned to him, and shall complete all documents for the purpose of sale and transmit them to the Plaintiff and return them to the customer after preparing a summary document for the purpose of sale.
2. The defendant is fully responsible for the plaintiff's civil and criminal damages, tangible and intangible losses in relation to the following sales activities.
* False name theft, false subscription, fraudulent subscription, minor opening without the consent of the guardian, lack of documents related to the opening of a corporation, lack of other necessary documents under other contract, omission of essential information about subscription to a corporation and inducement of customers, false information, omission of documents and omission of personal information leakage;
* In addition to the above-mentioned problems, the Plaintiff may add the unit price table and additional notice separately. In the event of other sales problems, which are not specified in Section 3.2, the Defendant would give priority to solve the problems and shall be liable for the Plaintiff’s loss.
C. D around July 14, 2014, business registration was made in the column E with the mobile phone retail chain and sold to consumers via online the mobile phone, etc. which was consigned by the Plaintiff.
2. The parties' assertion
A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.
1) The parties to the instant consignment contract are the Defendant and not D. (2) The Defendant violated the provisions of the instant consignment contract or the provisions of the Korea Communications Commission concluded with the Plaintiff and sells discount (payment in excess of subsidies) to the general customers instead of the Defendant.