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(영문) 서울남부지방법원 2016.11.24 2015가단21961

손해배상(기)

Text

1. The Defendant’s KRW 56,319,538 as well as the Plaintiff’s annual rate of 5% from May 4, 2015 to November 24, 2016.

Reasons

1. Facts of recognition;

A. From December 23, 2013, the Plaintiff received a proposal from the Defendant on December 23, 2013, for the following reasons: (a) consultation with the Defendant, who is a VN company providing value-added telecommunications services in order to participate in the bidding of the supplier of the supply company, such as the development of the payment system of the credit card (including transportation cards), and the business revenue analysis of the supply company of the 77 credit card and the 67 credit card card (excluding value-added tax; hereinafter the same shall apply) per case, with the content of the sales network consignment agreement, the Plaintiff received the proposal from the Defendant on December 23, 2013.

B. On December 31, 2013, the Defendant, on December 31, 2013, proposed to the Plaintiff the fee of KRW 78 and 68 per credit card per case, and the Plaintiff, based on which the Plaintiff entered into a contract on the supply of fluored Duna VN services.

C. From January 1, 2014, the Defendant began to provide the instant franchise store with additional communications equipment and services. On January 15, 2014, the Plaintiff made a proposal to deduct fees from 75 won per credit card, and 65 won per case with approval, on March 14, 2014, the Defendant continued consultation by sending e-mail equivalent to 78 won per credit card per approval, 68 won per case, 181,800,000 won for free lease of equipment. On March 14, 2014, the Plaintiff completed the supply of VN service equipment (hereinafter “instant equipment”).

On July 25, 2014 and July 28, 2014, the Plaintiff paid KRW 66,000,000 each of the instant equipment costs to the Defendant. The remainder of equipment costs paid to the Plaintiff by the Defendant, in lieu of the amount of KRW 78,00 per credit card and KRW 68,00 each of the fees that the Defendant paid to the Plaintiff.

E. The Defendant on April 2014