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(영문) 광주고등법원(전주) 2017.10.19 2015나101196
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The background of the instant case 1) The mobile communications service provider provided excessive subsidies to the consumers who subscribed to the mobile communications service through the agency in order to secure subscribers to limited domestic consumers.

B) The purpose of mobile phone manufacturing is to increase sales of mobile phone devices through mobile phone service providers and to provide subsidies for the sales of mobile phone devices to agents of mobile phone service providers. (c) Consumers shared information on the purchase of mobile phone devices through online community, etc., compared with and at a low time price information between a large number of mobile network service agencies and manufacturers, and compared with and at a low rate of time prices information. (d) The issue of excessive subsidies is the market heating due to excessive subsidies, the Korea Communications Commission limited the amount of subsidies paid by mobile network operators on September 24, 2010 under the Telecommunications Business Act to KRW 270,000,000, which was imposed penalty surcharges and sanctions such as suspension of business. However, at a large number of business offices such as agents and sales stores, the amount of the subsidies paid to the mobile network subscribers and the amount of the subsidies paid in advance was set in addition to the amount of the subsidies paid in advance to 3-4,000,0000 won.

(hereinafter referred to as “cafining method”). In addition, the policy data that reflects the subsidy payment policy of mobile communications business operators frequently changing for each agent and sales store centering around online sales companies, and the large amount of such data.

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