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(영문) 부산지방법원 2016.07.14 2014가합16633
손해배상(기)
Text

1. Defendant B and KS Telecom Co., Ltd. jointly owned the Plaintiff at KRW 20,000,000, and the aforementioned amount on July 18, 2012.

Reasons

1. Basic facts

A. Defendant KS Telecom Co., Ltd. (hereinafter “S Telecom”) concluded a contract with the commission agency agreement with the Defendant Pelcom Co., Ltd. (hereinafter “Pelcom”) regarding the recruitment and management of subscribers for mobile communications services, wire-line Internet services, wire telephone services, etc.

(b) Some of the telecommunications agencies are inviting subscribers by way of collecting fees from an independent business entity attracting subscribers.

Agencies shall prepare and deliver a trading unit list ("policy") which is a policy for the amount of fees for each type of telecommunications service product to be paid to the customer on the side of the selling store attracting subscribers, and they shall complete the transaction through an agreement on the transaction details, such as the amount of the fees to be paid finally if the selling store actually attracts subscribers.

The sales stores also engage in transactions by preparing and delivering a trading unit price table to the lower-level sales store that attracts its subscribers (hereinafter “ lower-ranking sales store”).

C. The Plaintiff substantially operated by C is a sales store that directly attracts the communications company to connect the communications company’s agencies or connects the subscribers with the agencies held by sub-sales stores. In the past, the Plaintiff traded with the above agencies through Defendant B, which was an employee of Defendant B, through Defendant B, who was an agent of Defendant Scomcom, from around 2011 to March 2012.

Defendant B, while working in the office of “E”, which is a sales store operated by D from March to September, 2012, provides Defendant B with a trading unit list prepared by the agencies of “E”, and attracts subscribers to E’s cable services for Defendant E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s online service.

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