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(영문) 서울중앙지방법원 2014.04.28 2013가단5015022
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 16, 2009, the Plaintiff entered into a contract to use digital cable broadcasting services (hereinafter “instant contract”) with the Defendant providing CATV broadcasting services for three years, monthly user fees of 13,200 won (including value-added tax; hereinafter the same shall apply) and provided digital cable broadcasting services provided by the Defendant. On April 4, 2012 after the period of the said contract expires, the Plaintiff set monthly user fees at KRW 9,900 upon renewal of the instant contract with the Defendant.

B. However, the monthly user fee for the above composite cable broadcasting was composed of KRW 7,700 and KRW 5,500 for digital broadcasting fee for the instant service contract, and KRW 9,900 for digital broadcasting fee for renewal, and KRW 5,500 for digital equipment rent for renewal. However, at the time of renewal of the instant service contract, the Plaintiff set the monthly user fee at KRW 5,500 for digital broadcasting fee at KRW 5,900 for the instant service contract.

On the other hand, at the time of the conclusion of the instant use contract, the Plaintiff purchased hacks separately from the Defendant, in addition to the lease of hacks.

C. However, Article 5(4) of the Terms and Conditions for the Use of Composite Cable Broadcasting by the Defendant, which applies between the Plaintiff and the Defendant, provides that “The three saws among the facilities may be leased by the business operator, and the user who has leased the three saws shall pay the three saws deposit and monthly user fee,” and imposes KRW 5,500 per month equipment rent regardless of the period of the agreement.

The defendant internally consists of three saws rent for the use of three saws, travel expenses for professional engineers, replacement expenses for parts, purchase expenses for three saws, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion (1) concerning the monthly rent of 3 saws (A) the defendant is 5,500 won per month for professional engineer's travel expenses and 550 won per month for replacement of parts.

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