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1. The Plaintiff, the Defendant Company A, the 162,192,120 won, the 392,706,782 won for Defendant B, and the 116,14,038 won for Defendant C, and each of the above costs.
Reasons
Under the Telecommunications Business Act, the Plaintiff is a company for value-added telecommunications services other than common telecommunications services (hereinafter referred to as “VN company”) by leasing telecommunications line facilities from a common telecommunications business operator pursuant to Article 2 subparagraph 1 of the Fair Trade Act.
Defendant A is a company primarily responsible for the sale and management of credit card terminals, which entered into with the Plaintiff on May 31, 2007 a “VN agency agreement” with the Plaintiff.
Defendant A’s liquidator (in the event that Defendant A was dissolved on April 13, 2015, the inside director of the company at issue) and individual entrepreneurs are “D’s trade name,” and “VN agency that entered into a contract with the Plaintiff for VN agency.”
Defendant C also is an individual entrepreneur who entered into a contract with the Plaintiff for a service agency. The sentence of the provisional execution declaration and the payment of the judgment against the Plaintiff to the Defendant was rendered on November 19, 2012 by the judgment of the provisional execution declaration book (Seoul Central District Court 2010Gahap94125, hereinafter “instant judgment of the first instance court”) with the content that “the Plaintiff shall pay to the Defendants the amount indicated in each of the following cited amounts, and the amount calculated at the rate of 5% per annum from December 6, 2007 to January 19, 2012, and 20% per annum from each of the following to the date of full payment.”
On January 18, 2013, according to the judgment of the first instance court of this case, the Plaintiff paid the Defendants the following amount of money:
Defendant A 179,351,64 252,222,489 [=37,00,493 (5% per annum from December 6, 2007 to January 19, 2012) 35,870,332 (20% per annum from January 20-20 to January 18, 2012)] Defendant B 497,242,3129,272,54 [102,581,581,206,270,544] Defendant B 205,205,201,70 (5% per annum from January 6, 2007 to January 19, 2012]