1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

1. Basic facts

A. The Plaintiff’s status as the parties and the conclusion of a tele-market agreement between the Plaintiff and the Defendant, etc.) The Plaintiff is a company engaged in the comprehensive distribution business, etc., and the Defendant is a company engaged in mail order agency and brokerage business, etc., and the Plaintiff and the Defendant enter into a tele-market agreement on the sales of non-CC card points delivery business (hereinafter “instant tele-market agreement”).

(2) Point sunset means the Internet shopping mall in which customers of credit cards can purchase goods with points accumulated by credit cards, etc.

The points sunset business is a business that sells goods or provides services in points, and the credit card company delegates the relevant duties to a distribution company such as the plaintiff or the small and medium enterprise distribution center (hereinafter referred to as the "small and Medium Enterprise Distribution Center") in carrying out the points sunset business.

A distribution company entrusted with a points landing project shall obtain a ID and password necessary for access to the internal computer network from the credit card company and handle all the affairs, such as the receipt of orders from customers of the credit card company, procurement of goods, and delivery, and receive the fees determined according to the results.

3) The Plaintiff and the small and medium enterprise distribution center have a competitive relationship in receiving an order from a credit card company to receive points sunset business, but in order to avoid competition and pursue common interests, the Plaintiff and the small and medium enterprise distribution center provide each party with an opportunity to deliver to the other party with regard to the points sunset business received from the credit card company around August 2005 (hereinafter “the Agreement on Business Partnership”).

AB concluded the agreement.

Accordingly, in the case where the plaintiff receives goods from the credit card company, the plaintiff carries out business with the distribution structure of the "the plaintiff credit card company" which supplies the goods to the credit card company after obtaining goods from the small and medium enterprise distribution center, and the small and medium enterprise distribution center receives the goods.