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(영문) 부산지방법원 동부지원 2018.06.21 2017가단210497
채무부존재확인
Text

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

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

Reasons

A. The Plaintiff’s seal was affixed to the Plaintiff.

All of the instant contracts are comprised of four parts. The first page includes the following: “The content of the supply of digital broadcasting HDbes, pay channels (sexs), and super-high speed Internet” totaling KRW 504,90,00; the total contract amount of “42, 42, 42, 12, 12, and 3 years from March 31, 2014 to March 31, 2017; the term of the contract is 3 years from March 31, 2014 to March 31, 2017; and the term of the contract is 3 years from May 1, 2014; and the term of the contract.”

E. Article 8(4) of the Terms and Conditions for the Defendant’s Digital Cable TV Service License Agreement and Article 8(3) of the Terms and Conditions for the Exclusive Internet/Exclusive Service License Agreement (Termination of Contracts) provide that “A” shall compensate “B” for the following penalty until the day following the termination date if the contract is terminated due to the cause attributable to “A” including the change, etc. of “A” before the expiry date of the term of validity of this Agreement:

F. On March 2015, the Plaintiff notified the Defendant of the termination of the contract by wire and entered into a new service supply contract with the Nonparty KT.

The penalty for the use of the name of goods shall be 323,40 won (7,700 won x 42) from March 31, 2014 to July 15, 2015; 158,400 won (13,200 won x 12 lines) from March 31, 2014 to July 15, 2015; 5,161,080 won in total, including the unpaid basic fees of 102,180 won from July 1, 2015 to July 15, 2015.

G. As of September 20, 2017, penalty and unpaid charges calculated under the instant contract shall be as follows:

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 5 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings

2. The plaintiff's employee E and another employee are found in the case of the plaintiff's argument that the plaintiff's employee E and the other employee D are the time when the 'day broadcasting is terminated for the plaintiff's employee D.

digital;

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