원상회복
1. The defendant shall state to the plaintiff KRW 71,790,000 and the amount stated in each column of the base value for each of the annexed amounts.
1. Basic facts
A. On July 4, 2013, the Plaintiff and the Defendant concluded a marketing alliance agreement with the Plaintiff providing at least 150 effectiveDB (referring to the name, date of birth, telephone number, address information, etc. of customers collected by the Defendant through invitation of members and various protocols, which can be used for the Plaintiff’s marketing) for at least one month during six months.
(hereinafter referred to as “instant primary contract”). The information provision fee was set at KRW 6,000 per case in the case of Category A (effectiveDB via web and mobile) and KRW 5,000 in the case of Category B (effectiveDB through e-mail).
B. The Plaintiff paid KRW 22,00,000 to the Defendant on the same day.
C. The Defendant thereafter provided 60 effectiveDB to the Plaintiff.
On September 3, 2013, the Plaintiff and the Defendant transferred the domain name and its content on the website (B and C) operated by the Defendant to the Plaintiff. However, the Plaintiff paid KRW 25,000,000 to the Defendant in installments each month from September 5, 2013 to April, 2013 (Article 3(3)), and re-establishs the Plaintiff’s website by selecting a business entity, and for the Plaintiff, the Defendant selects the business entity and advertises the Plaintiff’s website. For the Plaintiff, the Defendant directly advertised the Plaintiff, and the Defendant voluntarily advertises the web site and carbook management, server, program, web design management, marketing management, and, if necessary, purchased the call center DB.
(hereinafter “instant secondary contract”). Specific contents of each item are as follows:
E. On October 8, 2013, the Plaintiff and the Defendant entered into a contract for “DB system construction and operation right transfer” with most contents of the instant secondary contract as they are, and partial revision thereof (hereinafter “instant third contract”). Accordingly, the Plaintiff and the Defendant entered into the instant third contract.