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(영문) 서울북부지방법원 2019.09.03 2018나35330
선급금반환 등
Text

1.The judgment of the first instance, including a claim expanded or reduced in this Court, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established for the purpose of similar investment advisory business, Internet advertising agency business, etc., and the Defendant concluded an entrustment contract with the Plaintiff as set out in the following subparagraphs, and the Defendant is a person who performed TM (tel marketing) business from July 2016 to September 2016 (direct phone marketing).

B. On July 21, 2016, the Plaintiff recruited free membership through a securities broadcast to the Defendant, and then concluded an entrustment contract with the Defendant on the part of the Defendant to subscribe the said free membership list to a fee member by telephone from the free member (hereinafter “instant entrustment contract”). The key contents are as follows.

C. (A: the plaintiff, Eul: the defendant) / [Purpose] Article 1 of the Food and Drug Administration Act / [A] entrusts Eul with the TM program (hereinafter referred to as "entrusted service") of the TM program, and Eul is entrusted with it.

Article 2 [Period of Entrustment Contract] (1) The period of entrustment of business shall be from July 21, 2016 to July 21, 2018 (2 years).

(2) When the period referred to in paragraph (1) expires, a contract on entrustment shall be automatically terminated.

(3) Where Party A or B fails to make any correction during the pertinent period despite having set the pertinent period and notified the other party to make any correction in violation of the decision under this contract or any individual contract, the other party may immediately rescind this contract.

Article 4 [Re-entrustment] (1) When intending to re-commission all or part of the entrusted duties to a third party, B shall obtain prior written consent from A.

If he/she fails to obtain it, he/she shall be prohibited from re-entrusted all or part of the entrusted duties.

(2) When entrusting a third party with all or part of the entrusted services, Eul shall ensure that the third party complies with the determination of this contract and individual contracts.

(3) B shall conclude this contract and each individual contract even in cases where all or part of the entrusted duties is re-entrusted to a third party.

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