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(영문) 서울중앙지방법원 2015.12.10 2014가단5186808

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 15, 2012, the Plaintiff entered into a TMF business cooperation agreement (hereinafter “instant contract”) with C Co., Ltd. (hereinafter “C”) for election purposes as follows.

Article 2 (Definition of Terms): The term "TM solution for election" means a telecommunications service that adds a solution to provide public relations for election, survey functions, etc. to telephone communications (VolP) services based on intellectual property rights.

Article 4 (Service and Obligations): The two generations are obligated to play their respective roles by sharing their roles as follows:

C's roles and duties 1) Provision of communication network (Provided, That to the extent possible) 2) Settlement of profits for the purpose of attracting customers for election use, three-years of business for attracting customers.

B. The Plaintiff’s role and duty 1) The development, installation, management, operation, maintenance, and repair of TM solution equipment and the timely supply of TM solution equipment 3) Article 6 (Profit Distribution): The detailed profit sharing amount that C shall pay to the Plaintiff shall be separately determined by the “AnnexA” of this Agreement. Article 1 (Purpose) of the AnnexA agreement: The Annex A agreement aims to provide for the allocation of profit to C in relation to the cooperation of TM solution project for election purposes. Article 2 (Profit Distribution Criteria) of the Annex A/S2.

1. C The amount of profit sharing to the plaintiff shall be as set out below [Attachment 1] on the basis of the cumulative circulations of the customer's Internet telephone lines kept under this Agreement by the customer:

[Attachment 1] The amount of profit-sharing (Additional Tax), the amount of profit-sharing (Additional Tax), the amount of non-high to 80,000 won to 80,000 won to 80,000 won to 70,000 won to 65,000 won to 700 won to 65,000 won to 1,000 won to 60,000 won to 60,000 won to .

2. As consideration for the Plaintiff’s business cooperation under this Agreement, C, separate from the profit sharing under paragraph 1 above, shall pay to the Plaintiff KRW 5,000,000 (Additional Tax No. 15) within 15 days after the conclusion of this Agreement.

B. The defendant