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(영문) 서울남부지방법원 2015.05.08 2014가합7804

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 983,058,751 as well as the full payment from June 28, 2014.

Reasons

1. Basic facts

A. The plaintiff is a company that runs the comprehensive distribution business, and the defendant is a company that carries on the mail order agency and intermediary business.

(b) The concept of points sub-project and operating points sub-committee refers to the Internet shopping mall where credit card customers can purchase goods with points accumulated when they use credit cards;

It refers to a business that sells goods or provides services from points sunset, and credit card companies commission the relevant duties to a distribution company such as the plaintiff and the small and medium enterprise distribution center (hereinafter referred to as the "small and Medium Enterprise Distribution Center") in carrying out the points establishment business.

The distribution company entrusted with the points driving business receives IDs and passwords necessary for access to the internal computer network from the credit card company and carries out all the duties such as receiving orders from the clients of the credit card company, procuring goods, and shipping, and receives the fees determined by the credit card company based on the results. The plaintiff and the small and medium enterprise distribution center competition in receiving points driving business from the credit card company.

C. The Plaintiff and the small and medium enterprise distribution center entered into a business partnership agreement between the Plaintiff and the small and medium enterprise distribution center and its detailed operating method 1) with the aim of relaxing competition and pursuing common profits, the Plaintiff and the small and medium enterprise distribution center entered into a business partnership agreement with each other to provide opportunities to supply goods to each other in relation to the points set-off business received by the card company on August 2005. In other words, in the case of a business received by the Plaintiff, the Plaintiff is engaged in the business structure of the “Plaintiff Credit Card Company” in which the Plaintiff receives goods from the small and medium enterprise distribution center and deliver the goods to the card company, and the small and medium enterprise distribution center receives the goods