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(영문) 수원지방법원평택지원 2014.07.16 2013가단18375
부당이득금반환
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 (the Plaintiff’s change on March 22, 2010, and the former Echeon Broadcasting) is a company that aims at the operation of a communications channel (customers) such as cable costs maintenance and repair, and the Defendant is a CATV broadcasting business entity that runs cable costs broadcasting and Internet service business.

B. On April 30, 2008, the Plaintiff entered into a super-high speed Internet service consignment agreement with the Defendant with respect to the business of installation, etc. of super-high speed Internet in the business area of the Plaintiff in Ischeon-si, Young-si (Plaintiff) that is supplied by the Defendant during the contract period from May 1, 2008 to December 31, 2008, with the term of contract from May 1, 2008 to the period of December 31, 2008.

Article 5 Scope of Services: ① Customer T/M services for opening and handling obstacles, ② Maintenance and repair of subscriber facilities, ③ Installation of line tracks and equipment, ④ Collection of passenger tracks and equipment, ⑤ Education of service engineers, ⑤ Management of Equipment and Materials, 7 Management of Equipment and Materials, and (Management of Payment Equipment, etc.) Management of Equipment and Facilities received from Party A (Defendant) (Defendant) shall be thoroughly recorded, and submitted to Party A at an interval determined by Party A by ascertaining the matters concerning entry into and departure from, and inventory.

Article 25 (Raising and Quality of Materials) (1) In principle, materials owned in this construction work shall be procured by B (Plaintiffs), except for the following:

1. Payment materials for Gap who is used for the transmission line facilities;

2. Materials and equipment required for building and opening a network.

3. The Corporation which requires the materials of Gap shall obtain the approval after the review of Gap at the request of Eul.

C. On December 1, 2008, the Plaintiff entered into a contract for entrustment of business affairs with the Defendant, setting the contract period from December 1, 2008 to December 31, 2009, by combining the super-high speed Internet services, broadcasting services, and telephone services, as follows:

Article 17 (Management of Payment Equipment) B (Plaintiffs) shall be equipped with equipment (conditioners, Handetss, etc.) received from Gap (Defendants).

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