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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. The Plaintiff purchased two telephone calls from C (the phone number D, E, and hereinafter “instant telephone subscription right”).
B. On January 7, 2016, the Plaintiff’s audit G prepared a letter of performance with the following content in the name of the Defendant and Mana or G, and prepared and submitted “F Call Center member companies registration application form” in order to entrust the Fol Center with duties, such as assigning an acting driver upon request of a customer via the above telephone number.
I wish to purchase from C any substitute driver and any business number of H Company(D), I Company(E), etc., and entrust the Fol Center with any veterinary services.
To this end, I will faithfully observe the following implementation contents:
- The seller shall not be entitled to all rights to the above enterprises purchased by each letter, and shall not allow C to intervene in the business activities and the operation of the agency driving company. (C) The seller shall transfer the name of the above agency driving phone number to B, the team leader of the F Call Center, to comply with and prove the above contents faithfully.
(A) Since the telephone number D and E, the name of which was changed to B, is a condition for sharing the Fol Center and call, the above telephone number is owned by A, and therefore, it is confirmed that A is all the powers and future names.
(B)
C. Accordingly, on January 2016, the Defendant received the instant telephone subscription right from the Plaintiff, and at the Fcol Center, performed duties, such as posting a substitute driver at the request of a customer via the said telephone number.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, testimony of witness G, defendant himself examination result, purport of whole pleadings
2. The plaintiff's assertion
A. The Plaintiff is involved in the vicarious driving with the Defendant, the actual operator of the Fol Center.