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(영문) 서울고등법원 2014.01.24 2012나89360
약정금 등
Text

1. The judgment of the first instance, including any claims extended and added in the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. (1) The Plaintiff and the Defendant are telecommunications business operators establishing their respective telecommunications networks to provide telecommunications services to each of the former subscribers.

The plaintiff and the defendant need to make communications by connecting each other's communications network where users who have joined their own communications services make calls to users who have joined the other party's communications services (e.g., where the defendant's wire telephone subscriber receives the plaintiff's mobile phone).

(2) “Interconnection” means physical, electrical and functional connection of telecommunications facilities to enable telecommunications business operators or service types to provide telecommunications services between different telecommunications networks.

(3) Meanwhile, in a case where a user who has joined the Defendant’s telecommunications service calls to a user who has joined the Plaintiff’s telecommunications service, the call is classified into LM (Mo to Mo to VoIP) and VM (Mo to Mo to VoIP), etc. according to the form of that call, this may be further subdivided as shown in [Do 1].

[Do table 1] The call from the Defendant’s online telephone network in the form of call No. 3G calls to the Plaintiff’s 3G mobile network from the Defendant’s online telephone network in the form of call No. 1 to the Plaintiff’s 3G mobile network from the Defendant’s online telephone network in the form of call No. 2G mobile network to the Plaintiff’s 2G mobile network from the Defendant’s online telephone network in the form of call No. 2G mobile network to the Plaintiff’s 2G mobile network.

B. The content of the interconnection standards for telecommunications facilities and equipment under the former Telecommunications Business Act (wholly amended by Act No. 10166, Mar. 22, 2010; hereinafter “former Telecommunications Business Act”) that set specific standards for interconnection between telecommunications business operators pursuant to the former Telecommunications Business Act (wholly amended by Act No. 10166, Mar. 2, 2010; hereinafter “former Telecommunications Business Act”).

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