(영문) 서울중앙지방법원 2017.05.30 2016가합546338

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(영문) 서울중앙지방법원 2017.05.30 2016가합546338

수수료 등

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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 11,003,100 as well as its full payment from May 30, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendant is a value-added network provider (hereinafter “VN company”) such as Korea Information and Communications (KICC), Korea Credit Card Settlement (KOCES), Age Information and Communications (NICE), etc. on behalf of the credit card company.

2) The Plaintiff is a member solicitor who has completed registration with the Financial Services Commission for the purpose of operating the business of installing a credit card terminal for the purpose of operating the business. (2) The Plaintiff was partially entrusted with the Defendant’s business of soliciting and managing credit card merchants through a contract with the Defendant as follows

B. The main content of the contract concluded between the Plaintiff and the Defendant on March 3, 2015 with the Defendant on the recruitment and management of credit card merchants (hereinafter “instant contract”) is as follows.

Article 1 (Purpose) The purpose of this Agreement is to determine all the matters to be secured by the franchise store between the plaintiff and the defendant and to promote mutual interests through the determination.

Article 2 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:

except that terms otherwise provided for in this Agreement shall be subject to the ordinary definitions of the same industry.

(1) Solicitors' allowances: VNFE amount promised with the defendant. (2) The business affairs of the contract to be performed by the plaintiff and the defendant in this contract under Article 3 (Business Affairs and Scope) of all member stores providing VN services by the plaintiff's business are as follows:

The role of “Defendant” is ① Installation and Maintenance of the terminal devices of the store operated by the Plaintiff, ② Other duties agreed upon between the Plaintiff and the Plaintiff, ② Implementation of support under the contract with the franchise store, ② Other duties agreed upon by the Plaintiff, as a matter of principle, succeed to the amount received by the former recruiter of the Plaintiff.

(A) Separate: Customers and allowances that were received by the former recruiters.

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