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(영문) 수원지방법원 2013.10.22 2012가단95352

수수료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 1, 2005, the Plaintiff entered into a contract with the Defendant, a key telecommunications business operator providing mobile communications services, etc. (hereinafter “instant contract”) and performed the duties of attracting subscribers, managing users, etc.

B. According to the instant contract, the term “fee” includes the fee for attracting subscribers and the fee for managing subscribers in cash that the Defendant pays to the Plaintiff on the condition that the Plaintiff, an agent, performed the instant contract normally. In the event that the Plaintiff collects monthly user fees, etc. on behalf of the Plaintiff, the subscriber management fee includes the fee for collecting charges and the management fee that the Defendant pays to the Plaintiff.

"Management fees" means the collection of monthly user fees and lump-sum subscription fees, provision of A/S to terminals, customer answers to inquiries, changes in the terms and conditions of subscription and registered matters, response to and settlement of customer complaints or requests, exchange or exchange and sale of terminals, and other affairs entrusted by the defendant.

The term "management fee" means the fee that the defendant is obligated to pay to the plaintiff at a certain rate for the use fee that the plaintiff actually pays to the plaintiff during the period of three years including the relevant month after the subscription of the participant retained by the plaintiff on condition that the contract of this case continues to be maintained without termination while the contract of this case is faithfully implemented by the plaintiff.

C. On May 25, 2010, the Defendant notified the Plaintiff of the termination of the instant contract, and reached the following date.

2. The parties' assertion

A. The Plaintiff did not remove the Plaintiff’s signboard and advertising materials, set up the competitor’s signboard and advertising materials, and the provisional seizure against the claim was already cancelled at the time of the Defendant’s notice of termination. Therefore, there was no reason for termination.

In addition, even if there was a domestic question.