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(영문) 서울서부지방법원 2019.05.16 2017가단238410
청구이의
Text

1. The Defendant’s decision on performance recommendation is based on the Seoul Western District Court case No. 2016 Ghana340853 regarding the Plaintiff.

Reasons

(a).(a).

The plaintiff in the status of the party is a person who operates the 'D' in Fapo City C, and the defendant is a company with the purpose of electricity, information and communication business, etc.

B. On November 3, 2014, the Plaintiff entered into a contract for the instant use of the PC Internet services with the Defendant (hereinafter “instant use contract”) and its main contents are as follows.

이 사건 이용계약 ◎ 서비스 신청사항 희망 속도 200M 가입상품 E(10M) 단말장비(임대) *3년약정 기준임대가 F(50,000원/월) 단말약정 3년(좌측 임대가 적용) 이전 사업자 없음 이전 서비스명 없음 희망 IP수 128개 정기계약 3년(15%) 설치비 100,000원/월 ◎서비스 희망일 2014. 12. 1. 지원사이트 : G (약관 전문 확인 가능)

1. At the time of termination during the term of a regular contract, I shall return “additional Benefits” assigned as the condition of a regular contract with “regular contract discount return” pursuant to Article 43 (Calculation Method of Fees) of H Terms and Conditions.

* Additional Benefits: Free-of-charged month, discount of rental fees for short-term equipment, additional user fee discount benefits, etc.* Regular contract discount return formula = (The rate of application of the contract period x the period of use) 】 (the rate of application of the contract period - the period of use) 】 refund to be leased equipment (applicable in the same formula as the amount of regular contract discount refund) ) * He has fully explained all matters related to the service contract, such as the "term of use", in entering into the service contract, and he has confirmed them and applied as above in accordance with the terms of use.

Article 42 (Types of Fees) (1) of the Terms and Conditions for the Use of Services by Defendant H Services, the types of charges to be paid by customers in connection with the use of services are as follows:

7. Periodic contract discount amount: The amount to be refunded to the amount of the discounted charge during the period of use when the regular contract is cancelled earlier.

Provided, That this shall not apply to any addition of function or any other cause.

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