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(영문) 서울중앙지방법원 2015.01.20 2014가단5051759
채무부존재확인
Text

1. The plaintiff against the defendant:

A. Non-performance and tort due to the Defendant’s sales of terminal devices listed in the attached Form.

Reasons

1. Basic facts

A. The Plaintiff is a telecommunications business operator who provides telecommunications services.

When the defendant sells and provides a terminal to the individual operators of restaurants, etc., and the individual operators order the distribution services such as substitute operation, Kwikset service, fireworks delivery, etc. using the terminal, the defendant is a company running the business of receiving fees from the provider of logistics services, and 1,502 communications circuits provided by the plaintiff are being used.

B. On January 6, 2009, the Defendant concluded a commodity supply contract with Edicom Company (hereinafter “Edicom Company”) to supply a device with GPS-K2000 device from Edicom Company (hereinafter “Edicom Company”).

C. Around May 2009, the Defendant requested LPS-K2000 devices to supply a new device with credit card payment function, etc. added to GPS-K200 devices. From August 19, 2009 to May 27, 2010, Edcomer supplied the Defendant with 1,886 devices with additional credit card payment function (hereinafter “instant device”).

Since the instant device is a product with a change in its components in GPS-K2000, it is subject to the suitability certification of the National Radio Research Institute and the network suitability inspection (IOT) of the radio operator. However, Edcomer and the Defendant did not apply for suitability certification and network suitability inspection to the National Radio Research Institute and the radio operator (Plaintiff) on the ground that the instant device was derived from GPS-K200 and that it was not necessary to undergo the said inspection.

Isdicom with knowledge that it is necessary to certify the suitability of the instant suspension machines at the latest, and received certification of suitability from the National Radio Research Institute around December 23, 201, with knowledge of the necessity of certification of suitability for the instant suspension machines.

E. Ori (which was changed from February 16, 201 to Onnuri Telecommunications Co., Ltd.) established by the Defendant for its business purposes is against the individual entrepreneur who entered into the instant terminal use contract.

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