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(영문) 서울서부지방법원 2015.06.04 2014가합8936

채무부존재확인 등

Text

1. On December 14, 2012 between the Plaintiff and the Defendant, the Plaintiff is the Defendant based on the contract for the vicarious implementation of this panel-SK VIP services.

Reasons

1. Basic facts

A. 1) On December 14, 2012, the Defendant was merged with EMWcom Co., Ltd. (hereinafter “EM”) and dissolved on February 4, 2013.

hereinafter referred to as “foreign company”

A) Between the parties, the term “VIP member partnership agreement” was concluded with the following content (hereinafter “instant member partnership agreement”).

The purpose of this contract is to provide the defendant with VIP services through partnership between the defendant and the non-party company with all necessary matters, such as the rights and obligations of the two companies, and to promote mutual common interests. Article 2 (Definition of Terms) ② “VIP services” means services provided by the defendant's customer 1) information on goods such as culture, sports, leisure, travel, etc. on the online website; ② the defendant's customer can obtain information on goods such as culture, sports, leisure, travel, etc.; ② the defendant's customer purchases goods, the defendant's customer will benefit according to his/her membership class; and ③ the product free of charge through various events, public invitation, free events, etc.

④ The term “VIP service site” means an online place of business that the non-party company directly or by entrustment to a third party, and refers to the Internet web site that provides VIP services to only the defendant’s customers.

Article 3 (Term of Contract) This Agreement shall be effective for a period of one year from the date of conclusion of the contract.

Article 4 (Basic Matters for Partnership Affairs) (1) The non-party company shall develop, operate, and manage the "VIP service site" directly or by entrusting a third party with the development, operation, and management of the "VIP service site", and actively cooperate in the efficient operation of VIP services by reflecting the defendant's request

Article 7 (Standards for Provision of VIP Services by Members) (1) Members shall be based on the purchase price of the defendant's goods, and members shall be automatically assigned according to the purchase price determined by the defendant.

(2) The grades of members shall be three in total, and the criteria for classification shall be determined by the defendant, and the non-party company shall be differentiated according to the grade of members.