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(영문) 서울중앙지방법원 2016.12.27 2015가단5232500
사용료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff, a summary of the parties, is a key telecommunications business operator under the Telecommunications Business Act who installs telecommunications line equipment and provides key telecommunications services using such telecommunications line equipment and is engaged in the business of information and communications service, the transaction of information and communications equipment and communications sales, and the defendant runs various types of "security business" such as mechanical security business, the facility security business, the blade security business (video and alarm equipment), the information and communications construction business, and the escort security business.

B. The Defendant was provided with major information related to the operation of a large number of vehicles offered for guard services in early 2014, such as black boxes, safe driving, and GPS, and diagnosed through a multimedia environment, thereby promoting the prevention of traffic accidents and assisting in management management, such as reduction of costs, etc. (hereinafter “instant project”).

(2) The Defendant wishes to establish a fixed amount system that guarantees the payment of a specific amount for the use of the volume, and (3) use of the data beyond the scheduled scope of such use can be technically prevented measures to block the use of the data in advance. In order to implement a new project without prior experience, the Defendant sought to find appropriate communications service goods meeting the Defendant’s demand by contact with the Plaintiff, a key telecommunications business operator, from March 19, 2014.

In this context, the defendant uses monthly data per device that is expected to be used on March 19, 2014.

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