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(영문) 서울중앙지방법원 2015.07.10 2014가합548064
부당이득금 반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 390,328,107 to the Plaintiff (Counterclaim Defendant) and its related amount from February 18, 2014 to July 21, 2014.

Reasons

1. Basic facts

A. 1) The Plaintiff is a management service provider that provides a network to provide credit card inquiries, settlement approval, settlement of payments, etc. by delivering credit card and cash receipt information of a franchise store to a credit card company and the National Tax Service, and provides sales slips management services, franchise store management services, etc. (VN and Val-ADed Net Network) services. 2) The Defendant is a bareboat agent, which provides services, such as installation, maintenance, repair, etc. of franchise stores to facilitate bareboat services and additional services in accordance with the service contract with the Plaintiff.

B, under the mutual name of C, has operated the Banb agency, and around November 201, the defendant was established and serves as the representative director.

D Around September 2007, E Co., Ltd. (hereinafter referred to as “E”) is in office as a director of the defendant after the withdrawal of the E Co., Ltd., and F is in office as the defendant’s partner.

3) G Co., Ltd. (hereinafter “G”).

(B) G’s broadband service provider, such as the Plaintiff, is the director of G’s channel business team and the director of the corporate business division, and H is the person who has overall control over the business of the franchise store and the agency’s selection and management. B. G and E’s Ban service contract and the fee payment contract 1) G entered into a service contract with E on February 23, 201.

2) On March 7, 2011, G entered into a contract with the Defendant to grant the Defendant a certain amount of sales agency fees and management services of part of E franchise stores for each credit card and cash receipt approval contract. C. The Plaintiff and the Plaintiff and the Defendant’s business cooperation contract 1) between the Plaintiff and E around March 30, 2012, as to the part of 10% of G’s bareboat service, the Plaintiff provided bareboat service for 70 won per fee for credit card transaction, 40 won per credit card transaction, and 40 won per physical card transaction.

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