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1. The Defendant’s KRW 386,536,689 and KRW 75,522,897 among the Plaintiff and KRW 68,580,664 from March 1, 2016.
Reasons
1. Basic facts
A. The defendant is a value-added telecommunications business operator under the Telecommunications Business Act who is a value-added telecommunications business operator and receives fees from credit card companies in return for the establishment of a computer network between the credit card company and the credit card merchant, inquiry and approval of credit cards, purchase of sales slips, and settlement of funds
On the other hand, the recruitment and management of credit card merchants for credit card companies is directly conducted by the value-added telecommunications business operator such as the defendant, and the recruitment is performed by the agency entrusted by the value-added telecommunications business operator as follows.
B. On July 16, 2015, the Plaintiff entered into an agency contract with the Defendant to supply the Plaintiff with value-added telecommunications services and credit card terminals, and the Plaintiff’s sales and installation of the said devices, etc. to credit card merchants (hereinafter “instant agency contract”).
In addition, the Defendant agreed to pay to the Plaintiff the Plaintiff (the last day of the following month of the filing month) fees for KRW 62 per regular credit card merchant approval, and KRW 5 per normal cash receipt approval (hereinafter “instant fees”) incurred from the Plaintiff’s credit card merchant management services in return for the Plaintiff’s credit card merchant management services under the instant agency contract.
C. The Defendant paid all the instant fees to the credit card merchants, other than the distribution of clerks, among the credit card merchants managed by the Plaintiff under the instant agency contract. However, the Defendant did not pay the fees for the credit card and cash receipt approval cases generated from the distribution of Seowon Co., Ltd. from January 2016 to May 2016. The number of normal approvals of the credit card and cash receipts generated during the same period in Seowon Distribution Co., Ltd. and the said fees are below.