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Reasons
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(영문) 대구고등법원 2014.04.10 2013나4556
손해배상(기)
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1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are dismissed, respectively.

2. Demanding and expanding the costs of appeal.

Reasons

1. Basic facts

A. On January 5, 2010, the Defendant initially engaged in telecommunication business, etc., such as the International Telephone Co., Ltd., and merged the International Telephone Co., Ltd., ELL Co., Ltd., and the Super-high speed Internet service business chain, with “The ELL Co., Ltd.,” and changed its trade name on June 29, 2010.

B. Around 2007, the Plaintiff entered into an agency contract with the Defendant (hereinafter “instant agency contract”) with the following terms (hereinafter “instant agency contract”).

The agency contract submitted by the plaintiff (Evidence A) was prepared on August 22, 2008, but there is no dispute between the plaintiff and the defendant that the agency contract had been maintained in the same content as that of the plaintiff. The defendant of the agency contract of this case (hereinafter referred to as the "company") and the plaintiff (hereinafter referred to as the "agency") shall entrust the "company" with the attraction, management and other affairs of the mobile communications subscriber (hereinafter referred to as the "subscriber"), and the "agency" shall enter into this contract with the following contents in order to perform the duties of the entrusted duties and the supply of the devices and related goods:

Article 2 (Definitions)

d. Fees: the money which the “company” pays to the “agency” under this Agreement and related agreements on the condition that the “agency” normally performs this Agreement and which is listed in Article 17 (Fees).

1. Fees shall consist of the subscription fee and the subscription management fee, and the subscription management fee shall be the price for performing the entrusted duties of an agency which is paid in connection with the subscription management affairs, while the subscription management fee shall be the price for performing the subscription management affairs;

2.The subscription fee shall consist of the subscription inducement fee, additional service inducement fee and automatic payment inducement fee, each of the definitions shall be as follows:

1. Fee for attracting subscription: The term "agency" shall be a new policyholder.

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