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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Facts of recognition;
A. From January 2012 to July 23, 2013, the Plaintiff: (a) provided a service of delivering goods to the Defendant from the entrusted station using the KTX high-speed train to the delivery station (hereinafter “KX special transmission service”); and (b) provided a customer’s request for the use of the KTX special transmission service at his/her own home, the Plaintiff traded the goods between the customer and the handling station of the KTX special transmission service, or entrusted the transaction of delivering the goods to the customer’s home from the station where the goods arrive to the customer’s home (hereinafter “KX special transmission service”); and (c) completed the KX special transmission service consignment contract (hereinafter “instant consignment contract”). From July 24, 2013, the Plaintiff directly operated it.
B. The Defendant operated the Internet site called www.kx special transmission andcom (hereinafter “instant Internet site”). The above Internet site has bulletin boards, such as special transmission reservation, reservation confirmation, delivery conference, charge inquiry, and business inquiry meeting, with respect to KTX special transmission services, and if the customer requests the KTX special transmission service on the special reservation bulletin, the Defendant’s employee confirmed it and operated it by setting up a reservation and providing the service.
However, even after the termination of the instant consignment contract, the Defendant requested the Plaintiff to delete the content of the instant Internet site’s KTX special transmission services and its bulletin board, and deleted it around October 21, 2014.
C. After the completion of the instant consignment contract, some of the customers who applied for the KTX special transmission service through the KTX special reservation bulletin board of the instant Internet site used the said service by posting the phone number of the Plaintiff company and again applying for the KTX special transmission service, but some of the customers left the notice on the relevant bulletin board of the instant Internet site.