손해배상(기)
1. The defendant shall pay to the plaintiff KRW 208,321,689 as well as 5% per annum from January 1, 2010 to November 17, 2010.
1. The facts subsequent to the facts of recognition are recognized by adding up the whole purport of the pleadings (including the facts without dispute between the parties) to the entries in Gap evidence 8-1 to 4, Gap evidence 10-1, 2, and Eul evidence 2.
A. The Plaintiff joined the Internet shopping mall operated by the Defendant from around 2006 to around 2009 as a sales member of the Gmarket and sold goods to unspecified multiple buyers via the Defendant’s electronic commerce system.
B. At the time, the Plaintiff entered into a contract with the Defendant on the price of the Plaintiff’s goods according to the terms and conditions for the use of the Gmarket sales service (hereinafter “instant terms and conditions”), the fees for the use of the Gmarket system that the Plaintiff is obligated to pay to the Defendant (hereinafter “fee”), and the method of settlement of the price of goods. The main contents of the said terms and conditions
Article 3 (Standards for Settlement of Goods, Sales Price and Service Charges)
1. The sales price of the goods shall be determined by e-markets on their own by taking into account the settlement standard price of the goods sold by e-markets (the same meaning as the supply price commonly used in commercial transactions is similar) and delivery costs, and the Gmarket system service charges, etc.
2. In selling goods or services by using the real-time electronic commerce system provided by the seller by the seller (Defendant), the Gmarket system usage fee consists of the basic user fee that the seller is obliged to pay to the company in return for the use of the system and the value-added service fee that the seller is obliged to pay to the company in order to use or use all kinds of supplementary services (such as discountphones, G stamps, premium display tickets, etc.) provided by the company. The company may change the user fee for the Gmarket system through the announcement according to the circumstances.
3. The service charges of the Gmarket system shall be completed with the registration of the Gmarket system and shall be sold.