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(영문) 서울동부지방법원 2016.06.10 2015가합105054

손해배상금 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 217,041,416 to the Plaintiff (Counterclaim Defendant) and its related amount from June 19, 2015 to June 10, 2016.

Reasons

Basic Facts

Unlike communications simply exchanging voice signals, the Plaintiff’s principal business is providing value-added communications network (hereinafter “VN”) services, which is mainly engaged in providing additional services, such as borrowing existing communications circuits and exchanging various information by establishing an independent network; hereinafter “VN”). In particular, the Plaintiff provides “VN services related to credit card settlement” and “POS information management system at the time of sale” that enables exchange of information, such as credit card holders and sales slips, necessary for the settlement of credit cards by establishing a communications network between a credit card company and a franchise store. If the Plaintiff knows the goods through a device while selling the goods at a store, he/she provides the system that enables the information to be delivered to the Central Computer and process related affairs and statistics immediately; hereinafter “POS”).

The defendant is a company that engages in the business of installing and operating a store and, in particular, operates Samsung Electronic Co., Ltd. (hereinafter referred to as "Tsung Electronic Co., Ltd.") in various business places.

On January 26, 2010, the Plaintiff entered into a contract on VN services, etc. with the Defendant on January 26, 2010, with respect to the third and twenty-one stores, other than the third and twenty-one stores in Samsung Electronic, which are operated by the Defendant, and entered into a contract with VN services and the POS import agreement (hereinafter “the first service agreement”) with the Defendant on December 16, 201 with the content that the Plaintiff would receive a certain fee from the Defendant if the payment was made by using the VN services and the POS provided by the Plaintiff, and entered into a modified contract with the Defendant on December 31, 2011 (hereinafter “the first service agreement”).

In addition, the plaintiff on November 11, 2010 between the defendant and the defendant, as to the remaining stores in Samsung Electronic Business Place.