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(영문) 수원지방법원안산지원 2015.04.15 2013가단41110
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is a company engaged in telecommunications construction business, installation and maintenance business of broadcasting and telecommunications facilities, business of attracting broadcasting and telecommunications subscribers, and business of maintaining and repairing communications facilities, etc. The Plaintiff is a “customer center,” which is conducted by a CATV broadcasting business entity’s large customer business as set forth in the following B. C (hereinafter “C”) is a company engaged in broadcasting, telecommunications equipment, equipment sales, lease and installation business, composite cable broadcasting station operation business, etc., and so-called “CATV broadcasting business entity.”

3) On September 30, 2009, the Defendant merged C on September 30, 2009 (hereinafter collectively referred to as “Defendant”).

B) On December 1, 2008, the Plaintiff and the Defendant’s business agreement with the Defendant and the Plaintiff with respect to the establishment, etc. of the super-high speed Internet within the Plaintiff’s business area (hereinafter “instant business agreement”) are as follows.

(A) “A” (hereinafter “A”) refers to the Defendant, and “B” refers to the Plaintiff, respectively.

Article 5 (1) The kinds of entrusted services under this Agreement shall be broadcasting services, ultra-high speed Internet services, and telephone services;

(2) The scope of services to be provided for in paragraph (1) shall be as follows:

1. Affairs of customers to open markets and handle obstacles;

2. Attraction of subscribers, and maintenance and repair of receiving facilities;

3. Installation of subscriber tracks and installation of equipment (new, relocation, re-connection, addition, conversion of goods, etc.);

4. Collection of terminal parts and equipment;

6. In principle, the procurement and quality of Article 3 in the area where two subscribers are to be established by adding to the management of equipment and materials.

The following matters shall be excluded herefrom:

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

2. Materials and equipment (hereinafter referred to as “instant provision”) required for the establishment and opening of a network (a table of fee for entrusted services attached to attached Table 1)

2. Installation of a super-high speed Internet / CM new, transfer, addition, re-admission / 30,00 won per case.

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