logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.24 2016가단5314010
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s public charges (MP commission), cash sale of terminals, and outstanding sales.

Reasons

1. Basic facts

A. On March 19, 2015, the Defendant entered into a consignment contract with the Plaintiff (formerly: D Company) to entrust the Plaintiff with the business of subscription to telecommunications services and its incidental business, and follow-up services for customers (hereinafter “instant consignment contract”).

B. Upon entering into the instant consignment contract, the Plaintiff deposited the money received from the clients to the Defendant, kept the device in good faith, sold by the Defendant, and deposited the money to the Defendant at the price agreed with the Defendant, and agreed to compensate the Defendant for the damages suffered by the Defendant if the Plaintiff violated the relevant statutes, the contract, and the agreement on the prevention of unfair business practices.

C. According to the “Agreement on Prevention of Unfair Business Practices” concluded by the Plaintiff and the Defendant, the Plaintiff’s act of selling goods on the condition that the subscriber pay the subscription price or charge on behalf of the subscriber while attracting the subscription price and resale of the accompanying goods, and selling the subscription price to an unspecified person for the purpose of resale (including the purchased mobile devices and mobile communications use fee) (hereinafter “unfair sale”), shall not be permitted.

E Association (hereinafter “E Association”) from January 201, 2013, since mobile phone sellers reported the act of paying excessive subsidies to mobile phone customers, the business of paying monetary rewards to those who have subscribed to mobile phone customers was entrusted by mobile phone sellers. The Act on the Improvement of Mobile Device Distribution was enacted by Act No. 12679 on May 28, 2014 and came into force from October 1, 2014.

arrow