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(영문) 인천지방법원부천지원 2015.01.15 2014가합5745
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 12,850,415 to the Defendant (Counterclaim Plaintiff) and its related amount from January 1, 2014 to November 6, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 19, 201, the Plaintiff (name B prior to the name of the Plaintiff) entered into a consignment agency contract with the Defendant with respect to the business, other business, etc. regarding wire and wireless goods and services entrusted by the Defendant (hereinafter “instant contract”).

Relevant matters shall be as follows:

Article 3 (Scope of Entrusted Services)

1. The term "KT defendant" means the plaintiff who is an entrusting agency for the following services:

(a) entrust.

Affairs concerning the accession, etc. to KT goods and services and vicarious execution of affairs incidental thereto;

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

(c)Article 15 (Support for Signboards and Rotterdam) as an agent for ex post facto services to customers is entitled to lend only the term of validity of this Agreement to the entrusted agency by producing and installing signboards and interiors of the entrusted agency's place of business.

Article 16 (Installation, Preservation, and Return of Signboards)

4.In principle, facilities such as signboards and interiores shall be attached only within the term of validity of this contract, and in the following cases the entrusting agency shall remove and return such facilities as signboards and interiors at its own responsibility and expense within seven days and obtain confirmation from KT:

Where the entrusted agency relocates the store:

B. Where this contract is terminated:

(c) Where this contract is terminated for any other reason, if the entrusted agency of Article 17 (Reimbursement of Expenses) demands correction in violation of any of the subparagraphs of Article 16, and if it fails to comply with the request, it may remove and recover the signboard, interior, etc. without the consent of the entrusted agency.

In such cases, the entrusted agency shall immediately repay the amount equivalent to the residual value in the account book of the signboard, interior, etc. and the cost of removal to the KT.

Article 24 (Premium, Proof)

2. If the consignment agency fails to pay the price of the goods within the relevant credit period, the consignment agency shall be 7.3% per annum for the number of days of the delay.

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