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(영문) 서울남부지방법원 2018.09.20 2017가단257788

손해배상(기)

Text

1. The Defendant constitutes KRW 141,211,769 against the Plaintiff and each money indicated in the “request amount” column in the attached Table among them.

Reasons

1. Facts of recognition;

A. Party 1) The Defendant is a business operator who operates value-added telecommunications service by leasing telecommunications line equipment from a key telecommunications business operator (so-called “VN company”) and establishes relay communications networks between a franchise store and a credit card company according to a service delegation agreement with a credit card company, and provides credit card inquiry service, etc. (in addition, credit sales details transmission, sales slip purchase, etc.) in the course of credit card settlement and settlement.

(2) In lieu of providing a credit card company, the Plaintiff is a company engaging in the business of receiving a certain fee (approval fee, purchase fee, etc.) from the credit card company. (2) The Plaintiff is a company that is entrusted with the recruitment and management of member stores, purchase of sales slips, etc. from the Defendant and is engaged in the business of receiving credit card inquiries, approval fee for sales slips, collection of sales slips and incentives, and sales of terminals, etc. from the said company.

B. From December 2013, the Plaintiff entered into a contract for the supply of VN services with the instant franchise store and agreed on the commission fee 1) the franchise “Yeong-gu Sburg” 700 franchise stores (hereinafter “instant franchise store”) with the Plaintiff from around December 2013.

(2) On December 23, 2013, the Defendant made a proposal to the Plaintiff on December 23, 2013, that the payment approval fee of the terms of the distribution network business consignment agreement should be KRW 77 per credit card and KRW 67 per transaction (excluding value added tax; hereinafter the same shall apply), and the said fee should be revised to KRW 78 per credit card and KRW 68 per transaction on December 31, 2013.

On January 14, 2014, the Plaintiff entered into a contract for the supply of VN service to the father-and-child company and the instant franchise store.

3. The defendant.