logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2014.06.26 2013가합9328
부당이득금
Text

1. The Defendant’s KRW 496,788,190 for the Plaintiff and KRW 5% per annum from June 30, 2010 to June 26, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of cable slab facilities and maintenance and repair, and the Defendant is a juristic person established for the purpose of CATV broadcasting business and cultural service business.

From October 2007 to June 2010, the Plaintiff entered into a contract on the entrustment of business with the Defendant, and operated the Defendant’s Ansan, name and customer center, and performed the duties of attracting subscribers to the goods, installation, removal, maintenance and repair of telecommunications facilities and equipment.

Article 5 (Scope of Entrusted Affairs) (1) "A" shall entrust the following affairs among the affairs related to the services to be provided by "A" to "B":

1. Vicarious execution of business concerning the attraction of policyholders, receipt of an offer, and affairs incidental thereto;

2. If it is necessary to change or add the entrusted duties referred to in paragraph (1), such as the duties to which “A” is added and the continuing management duties of a subscriber retained by “B”.

Article 11 (Payment of Commission Fees) Details of the payment of Commission fees shall be prescribed by the "Agreement on Fees" added thereto.

(2) The following subscribers shall be paid after deducting, and deducting, the custody fees paid during or after the settlement of accounts for the following month from the standards for settlement of accounts of the current or following month:

(Provided, That the deduction case shall be determined by the consultations between "A" and "B". 1. The termination person who had been admitted to "B" on the basis of the date of confinement by the insured who had been admitted to "A" by three months before the date of confinement shall be excluded from new cases (except where "A" is recognized.

2.2. The case where “A” intentionally re-enters the existing insured (including the expiry date of the agreement) of “A” among the insured under the custody of “B” is excluded from a new case; 3. The case where “A” is recognized only when the liability relationship with “A” is fully paid at the time of attracting an insured who has not been organized. 4. The case where “B” terminates within the period of exemption from user fees or within four months (the average amount deducted);

5. The first month of entry.

arrow