사용수수료 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. To reduce the purport of the claim in the trial.
1. Basic facts
A. The Plaintiff is a company that operates the business of manufacturing and providing communications equipment, and the Defendant is a person who runs a web hosting and the test bees service business under the trade name of “C”.
B. The Defendant sought the method of using Internet data center (hereinafter “instant service”) that is a facility that provides Internet services from customers of IDC Coding service companies, and manages in lieu of contents, by leasing a certain space of the Internet data center (e.g., Internet server and IDC) to customers, which is an employee of D Co., Ltd. (hereinafter “D”), so that networks, such as customer servers, etc. installed in the relevant space, can be operated smoothly. The Defendant sought the method of using “the instant service” (hereinafter “instant service”).
Accordingly, E announced that the instant service cannot be used by the Defendant, who is an individual, and thus, it can be used by concluding a service contract by lending the name of the company, and offered the Plaintiff’s representative director G (hereinafter “G”) introduced from F to the Defendant.
C. On July 7, 2016, the Defendant entered into a license agreement with D on the instant service in G name and began to use the instant service.
However, the Defendant paid usage fees from July 2016 to January 2017 to D through the Plaintiff or G, but did not pay usage fees from February 2017.
G on May 24, 2017, the Defendant paid the amount of KRW 9,383,00 in total, KRW 4,691,500 for usage fees of February 2, 2017, and KRW 4,691,50 for usage fees of March 2017, which was unpaid by the Plaintiff, to D.
E. D suspends the instant service that was rendered under G name on June 27, 2017 for the reason that it was unpaid, and ex officio the use contract for the instant service on September 20, 2017.