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(영문) 수원지방법원 2015.05.14 2014나30909

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff of the Party (formerly, Echeon Broadcasting Co., Ltd.) is a company aimed at providing telecommunications services, such as cable TV maintenance and repair services (customers’ operation). The Defendant is a CATV broadcasting business operator who, on October 10, 2013, operates cable TV broadcasting and Internet service business, etc. with the company that merged Ebrode south Broadcasting Co., Ltd. (hereinafter “Defendant”), without distinguishing it from before and after the merger (hereinafter “Defendant”).

(b) Article 5 (Scope of Services), such as a contract on entrustment of business affairs, etc. (1) customer T&M services for opening and handling obstacles, (2) maintenance and repair facilities for attracting subscribers, (3) installation of line tracks and maintenance and repair facilities, (4) installation of line tracks and equipment, (5) education of service engineers, (6) management of equipment and materials, (7) management of equipment and materials, (4) management of equipment and materials received from Party A (Defendant), and (5) management of equipment and facilities for estimate installation (management of payment equipment, etc.) shall be thoroughly conducted and submitted to Party A at intervals determined by Party A by ascertaining the matters concerning entry/delivery/

Article 25 (Raising and Quality of Materials) (1) In principle, materials owned in this construction work shall be procured by B (Plaintiffs), except for the following:

1. Payment materials for Gap who is used for the transmission line facilities;

2. Materials and equipment required for building and opening a network.

3. The Corporation which requires the materials of Gap shall obtain the approval after the review of Gap at the request of Eul.

1) On May 28, 2007, the Plaintiff entered into an entrustment agreement with the Defendant on a license agreement, and performed the entrusted duties. Around April 30, 2008, the Plaintiff entered into an entrustment agreement with the Defendant on a license agreement with regard to the establishment, etc. of super-high speed Internet within the business area of the Plaintiff in the Leecheon-si, the Young-si, the Young-si, the Young-si, the supply of the Defendant during the contract period from May 1, 2008 to December 31, 2008. Article 17 (Management of Payment Equipment) (the Plaintiff is the Plaintiff).