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(영문) 서울북부지방법원 2020.06.17 2020나30369

용역비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On September 10, 2008, the network C registered its business with the name of "D", and operated the Internet lecture site of "E" (hereinafter referred to as "E site"). (A user joined the above site and received a lecture of video for the examination, etc. of public officials in chemical service and paid tuition fees to the operator of the above site, etc.) The Plaintiff provided the dynamic image display system used on the above site to the network C and received KRW 825,00 per month from the network C as the amount of its use.

After November 8, 2017, the Defendant registered his/her business with the trade name “F” and operated the instant site. The Defendant’s name and the said trade name appears in the “tuition Fee-free Deposit Account” column at the bottom of the left-hand side of the said site. The Plaintiff continued to provide the video display rash on the said site.

1) Around December 6, 2017, the Plaintiff did not deposit KRW 4,950,000 for use fees from July 2017 to December 12, 2017 as of December 6, 2017 to the Defendant. The tax invoice from October 2017 to December 12 was issued as a new business operator, and the tax invoice from January 20, 2018 to January 20, 2018 to the effect that the Plaintiff did not deposit KRW 5,775,00 for use fees from July 201 to December 12, 2018 and the tax invoice from October 201 to December 12, 2018 to the effect that “the Plaintiff issued the tax invoice as a new business operator F,” respectively, and the Defendant sent the e-mail to the Plaintiff that “the Plaintiff would be able to promptly pay the user fees to the Plaintiff on January 2, 2018.”

As between December 6, 2017 and February 1, 2019, the Plaintiff issued a tax invoice equivalent to 14,025,000 won (=825,000 won x 17 months) in total from October 6, 2017 to February 2, 2019.

In the name of the defendant, KRW 1,650,00 on April 11, 2018, KRW 820,000 on July 10, 2018, and KRW 40,00 on July 10, 2018 under D’s name.