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(영문) 서울중앙지방법원 2020.08.26 2018가합577091
기타(금전)
Text

1. The Defendants jointly pay to the Plaintiff KRW 760,337,448 and the interest rate thereon from August 26, 2020 to the day of full payment.

Reasons

1. In fact, the Plaintiff is a company that provides services to transmit mass communications messages. Defendant B (hereinafter “Defendant Company”) is a company that provides text transmission services and advertising agency services, and Defendant C is a representative director of the Defendant Company.

(A) On August 1, 2018, the Plaintiff and the Defendant Company entered into an integrated draft service contract (hereinafter “instant contract”) with the Defendant Company’s name to provide the Defendant Company with an integrated draft service that provides its customers with communications messages, such as Sms (SPS Services), Lms (long LSvi Services: Long Mms Services), and Mms (Mulimiaed Services) to send the messages. The Defendant Company shall pay the outstanding interest at a rate of 20% (hereinafter “instant contract”). On March 2, 2017, the Plaintiff and the Defendant Company entered into an integrated draft service contract (hereinafter “instant contract”) with the purport that the Plaintiff would pay the outstanding interest at a rate of 20% per annum in addition to the delayed payment.

The plaintiff and the defendant company have maintained transactions under the contract of this case, and the defendant company did not pay the maximum amount of usage since June 2018.

Although the Plaintiff intended to suspend the provision of a service on the ground of delinquency in the use price of the Defendant Company, on July 31, 2018, the Defendant Company requested the Plaintiff to continue to provide the service by promising to pay the Plaintiff the amount of KRW 599,930,406, total of KRW 100,000,000 on August 16, 2018, KRW 111,336,028 on September 14, 2018, KRW 18,594,378 on October 18, 2018, KRW 20,000 on April 15, 2018.

Accordingly, the plaintiff will not suspend the provision of services on the condition that the defendant company accepts the above installment payment commitment and changes from the existing payment method in advance.

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