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(영문) 서울남부지방법원 2020.06.19 2019가합103783

수수료반환금 등

Text

1. The Defendant: (a) KRW 476,769,400 for the Plaintiff and KRW 15% per annum from November 3, 2018 to May 31, 2019; and (b).

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a telecommunications business, and the Defendant is an agent, and the Plaintiff and the Defendant is “a separate agreement” as indicated in some of the agency contract and the agency contract entrusted with the agency business on October 1, 2013.

The plaintiff entrusted the defendant with the business of soliciting and joining customers using services handled by the plaintiff and its incidental business, etc., and the plaintiff pays the management fees, etc. to the defendant.

Meanwhile, according to the Plaintiff’s business policy, the Plaintiff paid KRW 20,000 per opening line to the Defendant at the cost of installation, and the Plaintiff pays KRW 9/50/100/300/50/50 per openingsium at least 10/50 per openingsium at least 9/10/15/18/20 per openingsium;

The Agreement on the Supply of Terminals provides that the Plaintiff shall sell telecommunications equipment and related products to the Defendant;

The service agreements on the installation and repair of telecommunications equipment were concluded.

B. According to the above agency consignment contract, among the Internet telephone lines opened in the name of a third party from May 2015 to May 2018, the address of the Defendant’s office is the address of the Defendant’s office. The receipt account is 2,113 in good faith, which is the Defendant’s account, and the address of the place of claim is C, and the receipt account is 3,692 in good faith, which is the Defendant’s account.

The Plaintiff paid KRW 116,100,000 in total to the Defendant for installation services related to the above 5,805 lines, and the number of lines containing the above 5,805 lines 18,491, the number of lines 19,328 and 105 lines excluding 105 lines, 395 lines, and 337 lines.

Of the aggregate of KRW 376,181,00 paid to 19,328 players of the above 361,430,000 for the above 39,328 players, the amount of KRW 1,575,00 for the above 395 players, the amount of KRW 7,110,00 for the above 395 players, and the amount for the above 337 players 6,066.