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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 1, 2014, the Defendant entered into a contract with the Plaintiff on the transfer of all the call taxi service businesses under the trade name A.
(hereinafter “instant transfer contract”). (b)
Upon entering into the instant transfer contract, the Defendant entered into a contract with the term of one year, setting a call center system necessary for the call service business to the Plaintiff (hereinafter “instant call contract”), and the said contract was renewed twice a year on a yearly basis.
[Reasons for Recognition] Evidence No. 4-1, Evidence No. 4-2, Evidence No. 1, Evidence No. 2, Evidence No. 2-1, 2, and 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The subject matter of transfer of the Plaintiff’s assertion includes the Defendant’s unpaid claim on service fee against the taxi company, a member of A, and the Defendant did not notify that the unpaid claim was transferred to the said taxi company.
As a result, the Plaintiff suffered losses from failure to receive unpaid claims from the above taxi companies, thereby the transfer contract of this case was invalidated.
Therefore, the Defendant shall refund to the Plaintiff KRW 59,01,164 of the call solution fee paid under the instant call contract, and there is no obligation of KRW 18,197,90 of the call solution fee that the Defendant requested to pay.
B. The instant transfer contract and the instant call settlement contract were concluded at the same time as the Defendant for the purpose of operating the call taxi service business, but they are strictly separate contracts, and the circumstances asserted by the Plaintiff (the Defendant did not notify the transfer of unpaid bonds) are not included in the grounds for termination under Article 10 of the instant call settlement contract, and even if the circumstances asserted by the Plaintiff are acknowledged, the validity of the instant call settlement contract cannot be said to have been lost.