beta
Text
1. The defendant shall pay to the plaintiff 127,00,000 won with 20% interest per annum from November 6, 2014 to the day of full payment.
Reasons
On July 12, 2012, the Plaintiff: (a) entrusted the Defendant with the duties of attracting customers and installing equipment (hereinafter “instant contract”); (b) the Defendant did not install Internet connection services for a large number of customers from July 12, 2012 to December 2013; (c) did not provide a proper guidance on the terms and conditions of the agreement and usage fees; and (d) did not include a person who did not own a computer in a customer’s own discretion; and (e) on January 24, 2014, the Plaintiff provided the Defendant with the obligations prescribed in the instant contract (business and promotion activities, etc.) Article 7 (Business and Promotion Activities, etc.) of the obligation prescribed in the instant contract.
4. Eul (Defendant) shall take such reasonable measures as may be required by the relevant Acts and subordinate statutes to secure the legal effect of a service contract, such as clearly explaining the essential parts of the terms and conditions of the service contract presented by Gap (Plaintiff) in attracting customers, and the following:
5. Where the installation work is performed for the customer he/she has induced, the installation shall be completed within 14 days from the date of attraction, and the compensation for any violation of Article 17 (Compensation for Damages)
1. Where a party or a third party has suffered damage due to a breach of a contract to entrust this service, he/she may claim damages against the other party;
The Defendant notified that a total of KRW 127 million should be paid for the fee of KRW 97 million paid in return for attracting customers and for the fee of KRW 30 million for receiving fees and for basic service fees of KRW 30 million not received from the customer. The Defendant, on February 10, 2014, recognized the violation of the obligation and responded to compensate for the loss suffered by the Plaintiff, does not conflict between the parties.
Therefore, the defendant should pay damages equivalent to the claim amount to the plaintiff.