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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’s trade name of LG Telecom Co., Ltd., the Defendant’s telegraph, was “the Telecom Co., Ltd.” at the time of its original establishment, but its trade name was changed to “the LG Telecom Co., Ltd.” thereafter.
The agency contract (hereinafter referred to as the “instant agency contract”) was entered into with the following terms and conditions:
According to the document No. 2 (agency Contract) submitted by the Plaintiff, the date of concluding the contract is August 22, 2008. However, according to the document No. 5, the Plaintiff concluded an agency contract with LG Telecom Co., Ltd. which is similar to the agency contract of this case and maintained the contractual relationship.
The defendant (hereinafter referred to as the "company") and the plaintiff (hereinafter referred to as the "agency") shall entrust the attracting, management, and other affairs of the mobile communications subscriber (hereinafter referred to as the "subscriber") to the "agency", and the "agency" shall enter into this contract with the following contents in order to perform the duties of the entrusted duties, the supply of devices, and the related goods:
Article 2 (Definitions)
d. Fees: Article 17 (Fees) as money paid by the “company” to the “agency” in accordance with this Agreement and related agreements on the condition that the “agency” performs this Agreement normally.
1. Fees shall consist of the subscription fee and the subscription management fee, and the subscription management fee shall be the price for performing the entrusted duties of an agency which is paid in connection with the subscription management affairs, while the subscription management fee shall be the price for performing the subscription management affairs;
2.The subscription fee shall consist of the subscription inducement fee, additional service inducement fee and automatic payment inducement fee, each of the definitions shall be as follows:
1) Admission Fee: the description of the “company” in the subscription agreement (the type of the fee), prepared by the “subscriber”, when the “agency” attracts a new policyholder;