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(영문) 서울중앙지방법원 2016.08.19 2015나73813
사용료
Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the Defendant-Counterclaim Claim filed in the trial are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 20, 2013, the Defendant subscribed to the Internet service (Tran 100M) provided by the Plaintiff for a fixed period of three years.

The instant service contract products are 20 lines, monthly basic user fees of 660,000 won provided to the original subscriber. The Plaintiff and the Defendant agreed that each of the discount benefits of 1 year long-term user contracts, 5% long-term user contracts, 10% long-term user contracts, 10% long-term user contracts, 10% long-term user contracts, and the annual contract discount rate of 1 year if the period of use is less than 2 years, and 2 year contract discount rate of less than 3 years if the period of use is less than 2 years.

(hereinafter “instant service contract”). (b)

The Plaintiff offered a 10% discount to the Defendant pursuant to the long-term use agreement for three years, but the Defendant used the instant service for about 21 months and notified the termination on February 25, 2015.

C. On March, April and May, 2015, the Plaintiff issued a receipt to the Defendant, claiming KRW 2,242,810 of the unpaid amount under the instant service contract, and the details of the amount already imposed are as listed below.

The fact that the sum of the charge charges (if the sum of the charge is less than 10 won) is 1,641,6309,143 (=5,714 - 56,5714 - 56,571) 1,983,483 149,062,55,605,605,60 (if the sum of the charge charges for arrears is less than 22,242,790,790 on May 1, 2015, the late payment charge 12,730 12,730,730 on April 2, 2015 (from 1 to 25 days), 1,641,630,605,560 on February 1, 2015) is 1,65,60,242,810,810,407,481,740,79,7108

2. Determination on the main claim

A. According to the above facts of determination as to the cause of the claim, the Defendant used the instant service to the Plaintiff from January 1, 2015 to February 25, 2015.

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