(영문) 서울고등법원 2016.10.28 2016나2033699

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.10.28 2016나2033699

기타(금전)

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court of this case cited in the judgment of the court of first instance are added to the following, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of Paragraph 2 to the judgment of the new argument that the plaintiff made in the trial of the court of first instance, thereby

The following shall be added to paragraph 1(c) of the reasoning of the judgment of the first instance.

In a case where a radio wave relay is installed at a public use site where a large number of people gather, users of a public use site may use the Internet free of charge after advertising posted by C&K. If the Plaintiff excluded the above public use site and informs the Defendants of the place where an Internet relayer is installed, the Defendants are obliged to subscribe to KT’s Internet services in the name of C&K. E. KT is obliged to pay a certain amount of fees paid according to the period of use of the subscribers, after opening the Internet communication network. Article 1(1) of the reasoning of the judgment of the first instance court (based on recognition) is added to “No. 13”.

2. Additional determination

A. Whether the fulfillment of the terms of Article 3 of the Agreement on this case’s assertion is a matter of whether the Defendant’s fees paid for 180 days in good faith, which was opened and opened by the Plaintiff, were finally attributed to the Defendant. Thus, the determination of who paid the usage fees is irrelevant to the fulfillment of the terms and conditions.

Therefore, the above conditions have been fulfilled as long as the use fee was paid in full for 180 days in 1,304 lines.

B. On the other hand, Article 3 of the Agreement provides that when the non-party company pays the Internet user fee for 180 days, the Defendants shall pay the fees to the Plaintiff. In light of the language and text, the non-party company shall pay the user fee for 180 days.

참조조문

-민사소송법 제420조

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