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(영문) 서울서부지방법원 2019.07.25 2019가합30037

기타(금전)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 156,122,901 won and 6% per annum from April 1, 2019 to July 25, 2019.

Reasons

1. Facts of recognition;

A. The parties concerned are value-added network providers (Article 2 subparag. 8-2 and 3 of the Specialized Credit Financial Business Act) that provide telecommunications services (hereinafter referred to as “VN-Addized Net Services”) to approve and relay payment of credit cards, etc., such as installation of terminals, inquiries into and approval for credit cards, etc., purchase of sales slips, and settlement of funds, under a contract with credit card companies and credit card merchants. Defendant B acts as a broker or agent for a credit card company in the name of “D,” and Defendant B acts as a broker or agent for a credit card company for a credit card company and for a value-added network provider, a merchant solicitor (Article 2 subparag. 5-3 of the Specialized Credit Financial Business Act) who performs the duties of installing, maintaining, and repairing credit card terminals (Article 2 subparag. 5-3 of the Specialized Credit

B. On February 22, 2016, the Plaintiff entered into an agency contract and a sales support agreement with Defendant B, under which the Plaintiff entered into a sales support agreement (hereinafter “instant agency agreement”) under which the Plaintiff and the Defendant B act on behalf of the Defendant B with part of the recruitment and management of chain stores for the provision of VN services, and ancillary services ancillary thereto. On April 8, 2016, the sales support agreement under which the Plaintiff and the Defendant entered into the instant agency agreement, including the instant agency agreement and the instant sales support agreement, providing support and obligations, etc. (hereinafter “instant agency agreement”). The instant agreement includes the following contents:

1) The Plaintiff pre-payment of the agreed-upon subsidy of KRW 123,323,200 (including value-added tax) to Defendant B, and leases credit card terminals equivalent to KRW 45,775,00 (value-added tax separate). (2) Defendant B shall recruit credit card merchants and install credit card terminals leased from the Plaintiff to the franchise store.

2. Terminals;