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(영문) 서울중앙지방법원 2015.11.13 2015나9799

채무부존재확인

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

1. Facts of recognition;

A. The Plaintiff is a telecommunications business operator who provides telecommunications services.

The defendant uses 1,502 communications circuits provided by the plaintiff.

B. The Defendant: (a) sold and provided a communications terminal to individual operators operating restaurants, etc.; and (b) ordered the individual operators to use the device to receive commission fees from the logistics service provider; (b) established Ori-si (which changed from February 16, 201 to a global tax service company that the company was changed to a global tax service); and (c) concluded a contract for the use of a communications terminal with the individual operators and issued a total of 1,886 devices (hereinafter “instant device”).

C. Since the Defendant entered into a goods supply contract with Edicom Ltd. (former Co., Ltd.; hereinafter “Edicom”) to be supplied with a device GPS-K2000 device on January 6, 2009, the instant device requested Edicom to supply a new device that added credit card payment function, etc. to a device with GPS-K2000 device around May 2009, as the Defendant requested Edicomn to supply a new device with a credit card payment function, etc. added to the credit card payment function, etc. supplied from August 19, 2009 to May 27, 2010.

Since the instant device is a product with a change in its components in GPS-K2000, it is subject to the suitability certification of the National Radio Research Institute and the network suitability inspection (IOT) of the radio operator. However, Edcomer and the Defendant did not apply for suitability certification and network suitability inspection to the National Radio Research Institute and the radio operator (Plaintiff) on the ground that the instant device was derived from GPS-K200 and that it was not necessary to undergo the said inspection.

Isdicom with knowledge of the need for certification of suitability for the instant device at the latest, and received certification of suitability from the National Radio Research Institute around December 23, 201, with knowledge of the need for certification of suitability.

E. Of the instant terminal devices, 1.