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(영문) 서울서부지방법원 2016.10.26 2016가합387

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On May 20, 2014 and December 29, 2014, the Defendant entered into an agency contract with the Plaintiff to entrust the management of subscribers to mobile communications services provided by the Defendant to the Plaintiff. (2) Article 11 of the above agency contract provides that the Plaintiff may obtain a certain incentive (average 500,000 won per case) in the event that the Plaintiff fulfills the conditions set out in the Defendant’s “monthly business policy”. The Defendant’s “monthly business policy” applied from May 20 to July 2015 is defined as incentive payment conditions.

B. 1) The Defendant’s separate computer system for the management, collection of charges, etc. (U.S. Forciling Korea, hereinafter “UBS”) to attract the usfk’s subscription to the mobile communications service.

(B) establish Company B (hereinafter “B”) on December 7, 2009.

(2) On the other hand, the Defendant’s integrated computer system entrusted the receipt of applications and documentary evidence to the usfk subscribers and entrusted the receipt of charges, and the receipt and management of charges to the usfk subscribers. Meanwhile, as the system was built on the premise of settlement of won currency, C was unable to pay charges using US dollars. For this reason, C was opened in the name of the usfk corporation instead of the us himself, and the receipt of charges using us was conducted through UBS, which is the aforementioned separate system.

C. Due to the nature of the work to return to the United States upon expiration of the domestic period of secondment policy for the usfk participants, the mobile communications service has been made for a short period of less than 24 months, and accordingly, the agency that operates the business against the usfk is classified by the defendant.