부당이득금 반환 등
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. Basic facts
A. 1) The Plaintiff is a management service provider that provides a network to provide credit card inquiries, settlement approval, settlement of payments, etc. by delivering credit card and cash receipt information of a franchise store to a credit card company and the National Tax Service, and provides sales slips management services, franchise store management services, etc. (VN and Val-ADed Net Network) services. 2) The Defendant is a bareboat agent, which provides services, such as installation, maintenance, repair, etc. of franchise stores to facilitate bareboat services and additional services in accordance with the service contract with the Plaintiff.
B, with the mutual name of C, has operated the Banb agency around November 201, and is working as the representative director by establishing the defendant around November 201.
D A around September 2007, E Co., Ltd. (hereinafter referred to as “E”) retired and serves as the defendant’s director from November 201, 2010, and F is the same as D’s birth.
3) G Co., Ltd. (hereinafter “G”).
(B) G’s broadband service provider, such as the Plaintiff, is the director of G’s channel business team and the director of the corporate business division, and H is the person who has overall control over the business of the franchise store and the agency’s selection and management. B. G and E’s Ban service contract and the fee payment contract 1) G entered into a service contract with E on February 23, 201.
2) On March 7, 2011, G entered into a contract with the Defendant to grant the Defendant a certain amount of sales agency fees and some of E franchise stores’ management services for each credit card and cash receipt approval case, in return for the Defendant’s contribution to entering into the bareboat service contract between E and G. C. The Plaintiff between the Plaintiff and E, and the Plaintiff and the Defendant’s business cooperation contract 1) around March 30, 2012, between E and around March 30, 2012, the Plaintiff provided 10% of the bareboat service provided by G to E, and KRW 70 per fee credit card transaction.