(영문) 서울중앙지방법원 2014.06.26 2013가단120462

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(영문) 서울중앙지방법원 2014.06.26 2013가단120462

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a communications agency of the Scom Telecom mainly carrying on the mail order business, and the Defendant is a company that mainly carries on the issuance, sale and management of electronic currency, such as credit cards.

B. On July 20, 201, the Plaintiff and the Defendant advertised the Defendant’s cell phone subscribers with respect to the Defendant’s cell phone terp cards and e-mail cards, and accordingly, entered into an advertising contract with the Defendant to pay advertising fees to the Plaintiff if the said card is issued to the customer (hereinafter “instant advertising contract”). The main contents are as follows.

Article 2 (Definitions)

2. The term “member” means a card member recruited through the advertisement of the Plaintiff channel in accordance with the method agreed between the Defendant and the Plaintiff;

Article 3 (Advertisements and Payment of Price)

1. The defendant advertised the card through the plaintiff channel, and among the cards recruited through the advertisement, 15,000 won per person per actual record (excluding value-added tax) shall be paid to the plaintiff as advertising fees only for those cards issued in accordance with the defendant's examination criteria, for which the credit card was issued within three months, including the month of issuance of the credit card.

Provided, That in the case of a check among the cards, where the card is used within three months, including the month of issuance of the check, an amount calculated by calculating 3,800 won (including value-added tax) shall be paid as an advertising fee without classifying the subject of issuance by each person of the record.

2. The calculation of the issuance of cards through the advertisement of the Plaintiff channel shall be based on those recruited through an exclusive Inc-Gun call center exclusively indicated in the advertisement, and an application for card on the Defendant website shall be calculated on the basis of verifying the connection with the Plaintiff’s advertisement.

Article 8 (Termination of Contracts and Compensation for Damages)

1. Where a cause falling under any of the following subparagraphs arises to the plaintiff and the defendant, the contract shall be concluded with written notice without a separate period of time:

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