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1. The Defendant’s KRW 14,240,450 as well as the Plaintiff’s annual rate of 5% from April 30, 2016 to November 6, 2017, and the following.
Reasons
1. Basic facts
A. Since 2004, the Defendant established and managed C’s Internet shopping mall site from around 2004, and the store stores of the above company sold their goods at the above site.
B. Around September 2012, when C discontinues its business, five members including D and Plaintiff, etc. operating the Nowon datum (hereinafter “member shop”) continued to operate the Internet shopping mall site using the trade name of C, and entered into a contract for construction of a new site with Defendant, a controlled entity of the existing site.
C. On September 24, 2012, D entered into a “C shopping mall website” with the Defendant, and the cost of establishing the system was KRW 10,000,000,000. The Defendant provided server hosting and maintenance services to operate the system and paid KRW 600,00 each month in return for the provision of the system and the payment of KRW 600,00 each month. The scope of the establishment set out in the above contract includes “the completion of order, order settlement, and order.”
The franchise owners collected money and paid the cost of building the site of this case, and the defendant completed building up until February 2013, and KRW 660,000 per month from E’s account as the franchisee, was remitted to the Defendant’s account.
E. On the main screen of the instant site, five member stores operated by the franchisees were classified and displayed.
F. The order settlement of goods was carried out at the site of this case in the order and manner as follows.
① A buyer’s selection of goods on the instant website and entry of personal information related to payment in the course of ordering payment. ② On the instant website, an electronic settlement agent company F (hereinafter “F”) is requested to approve payment, and the said company requested the relevant card company to approve payment, ③ the relevant card company’s response to approval for payment.