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(영문) 의정부지방법원 2016.04.28 2014가합58280
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Presumed factual basis

A. The Defendants are communications brokers authorized by KT to open Internet services with the trade name of “C”.

B. On March 7, 2014, the Plaintiff entered into a distribution network business agreement with CNK Co., Ltd. (hereinafter “CND”) and the main contents are as follows.

Article 6 (Scope of Affairs Entrusted) The duties performed by the non-party company under this Agreement are as follows:

① At the time of attracting subscription to services and receiving applications related thereto. ② Article 14 (Fees) (1) The Plaintiff shall pay fees in return for the work performed by the non-party company according to the fees determined through consultation with the non-party company, and the standards, methods, etc. for the payment thereof shall be in accordance with the attached Form.

Article 20 (Period of Validity of this Agreement) (1) The term of validity of this Agreement shall be from March 7, 2014 to March 7, 2015, and shall be extended on an annual basis, except in extenuating circumstances.

(b) Attached Ma1. proviso - General lines (personal line-based customer name) 150,000 won (including merchandise coupons) and flexible operation according to the market unit price for the relevant month.

C. On July 21, 2014, the Plaintiff entered into an agreement with Defendant A on the commission of an Internet line (hereinafter “instant agreement”) and the main contents are as follows.

Article 1 (Purpose) This Agreement is to be concluded by the Plaintiff and the “C” on the basis of the contract prepared by the Plaintiff and the Nonparty Company with respect to Internet line commission incurred by the Nonparty Company in the course of carrying out the advertisement work.

Article 2 (Amount) Fees per election shall be separately fixed in cash as KRW 110,000 (Additional Tax Rate) in separate form for merchandise coupons.

Article 3 (Terms and Conditions of Payment) The term "C" shall, in principle, pay the user fee of the Internet line for 180 days by the non-party company under Article 2.

Article 4 (Duty to Notify Changes) The Plaintiff and the “C” shall be stated above.

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