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(영문) 서울행정법원 2016.11.28 2015구합81300
요금수수료 지급에 관한 시정명령 취소 청구의 소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

The Plaintiffs are multi-level marketing organizations established, managed, and operated with respect to the sale of mobile communications devices and mobile communications services, and have entered into a multi-level marketing contract with mobile communications business operators and multi-level sales agencies that deal with the conclusion, etc. of contracts between mobile communications business operators and users on behalf of or on consignment in accordance with the agreement with the mobile communications business operators, and the ELS Co., Ltd. (

Plaintiff

Around June 2005, the CIMNE Co., Ltd. (hereinafter “Plaintiff”) concluded and renewed an agency contract and its subsidiary contract with a specific telecommunications business operator on or around June 2009, after completing the status as a specific telecommunications business operator on or around June 15, 2009. After concluding a contract with a specific telecommunications business operator on radio re-sale business, it entered into and renewed an agency contract and its subsidiary contract under the ELPS’s terms and conditions with a specific telecommunications business operator. The Plaintiff Co., Ltd. entered into and renewed an agency contract with a specific telecommunications business operator on or around 2009, and concluded and renewed the agency contract with a specific telecommunications business operator on or around 29, 2011, and concluded and renewed the agency contract with the Plaintiff Co., Ltd. and its subsidiary contract with a specific telecommunications business operator on or after July 29, 2011.

ELS has been paying the agency the subscription fee and the subscription management fee. Some multi-level agencies, including the Plaintiffs, shall pay the subscription fee and the subscription management fee in addition to the subscription management fee and the subscription management fee (hereinafter “instant arrangement”), and the network maintenance fee in addition to the subscription management fee and the subscription management fee, the following rates are additionally applied monthly user fees.

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