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(영문) 서울동부지방법원 2018.12.20 2017가합719
보험금지급금 반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.Article 10 (Sales Fee) A (In fact) of the fact of recognition, the sales commission shall be paid for the sales activities of Eul under this Agreement, and Eul shall issue a tax invoice to Eul without fail.

Article 11 (Refusal of Payment of Sales Fees and Redemption of Compensation) A shall suspend the payment of any sales commission without a peremptory notice of cargo, etc. and shall recover the fees and the relevant compensation already paid, in any of the following cases:

In addition, notwithstanding the provisions of this Article, where a penalty surcharge is imposed on A from the government regulatory agency or mobile network operator for all of the following acts, such as violation of the market price, A may request B to claim reimbursement of the penalty surcharge, and B shall accept it:

1. Where the sales activities of B constitute the following unfair sales activities:

(d) Where a clock occurs due to the failure to comply with the customer's commitments with respect to voluntary sales promotion activities of B, such as carbags and glags;

3. Portions which cannot be deemed to be used normally after installment sales after installment sales by Eul or other similar forms of sales;

(e) Sale on the condition of installment payment in installments;

A. On May 2, 2016, the Plaintiff concluded a consignment sale agreement with a company (hereinafter “instant consignment agreement”) that sells goods designated by the Defendant as the Defendant’s sales store and the Defendant pays a bounty or fee to the Plaintiff for sales promotion (hereinafter “instant consignment sale agreement”).

The main contents of the instant consignment agreement are as follows.

B. From May 22, 2016 to May 21, 2017, the Plaintiff guaranteed the performance of the Plaintiff’s obligation to Nonparty Company based on the instant consignment agreement with the Defendant to Nonparty Company, the insured Non-Party Company, the insurance amount of KRW 20,00,000, and the insurance period of KRW 20,000.

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