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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. On November 1, 2016, the Plaintiff and the Plaintiff Co., Ltd. (hereinafter “B”) entered into a contract for the supply of the instant service (hereinafter “instant contract”) with the content that the Plaintiff would transmit text messages (SP/LS/ms) upon request from B and receive communications fees.
B. From November 2016 to December 201, 2016, the Plaintiff sent text messages at the request of B, and the quantity of the messages and the communications fee are as follows.
On November 1, 2016, the unit price for the services, divided into 7,567,940 8.1 61,30 61,300 61,30,345 67,345 7,342,929 165,138,781 16,513,8788 65,652,6789,747,3688,747,368,748,97,369,368,747,97,368,967,848,97,967,368,97,97,368,97,947,368,97,964,297,368,967,284,294,296,30,000 won, 230,23028,1294,2063
C. Meanwhile, on September 9, 2016, B and D Co., Ltd. (hereinafter “D”) entered into a contract for the supply of text messages (Sms/Lms/mssss) with the content that B requested from D to transmit text messages and receive communications fees (hereinafter “B-D service contract”).
B operated the project by again requesting the transmission of text messages from D to the Plaintiff.
D An insolvent financial institution discontinued its business after the end of December 2016, and filed a petition for bankruptcy with Seoul Rehabilitation Court 2017Hahap10037 on February 23, 2017, and was declared bankrupt by the above court on April 18, 2017.
[Based on recognition] Gap evidence 3, 4 (including the number of pages; hereinafter the same shall apply), Eul evidence 5, 13, respectively;