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(영문) 서울중앙지방법원 2017.12.15 2014가합42504
손해배상
Text

1. Defendant B and C jointly share KRW 23,100,000 to the Plaintiff, as well as the year from September 23, 2014 to December 15, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant G’s transaction relationship 1) Defendant G (hereinafter “Defendant G”)

) A Party operates “H”, an electronic commerce website (hereinafter “instant website”).

(1) Defendant G is a corporation I (hereinafter “I”) around July 2008 in order to more actively engage in the instant website business in the Republic of Korea.

(2) On October 5, 2010, Defendant G and I entered into a sales promotion service contract (SALS PES POLOTIS AEEMNT) with the following terms and conditions: (a) if a domestic company is invited to be a paid member on the website of this case as a fee, I would have received a certain amount of net sales from the paid member as a fee.

2.2.1 The Defendant G shall designate the following services (hereinafter referred to as “services”) in the area to which I is entitled in accordance with the terms and conditions of this Agreement:

(a) promote and publish H and designated H services in the subject area;

(b) induce, supply, and promote the accession of designated H services in the subject area.

(c) provide customer support services, such as telephone support, customer investigations, complaints settlement, and AS support, to members created by I according to the customer management program of Defendant G.

(d) 피고 G이 생성한 송장과 수령증을 I가 창출한 유료 회원에게 인쇄, 배포하고 송장 금액을 수금하며, I가 창출한 유료 회�의 송장에 관한 문의 사항을 처리한다.

3.1 Defendant G and I set the performance criteria for each period of Article 6 of Annex 1 for the first time.

As set out in Article 6 of Appendix 1, the primary period shall be divided into three stages, and the period of each stage shall be six months.

The Parties agreed to the performance standards for each stage of sales performance during the first period.

The Parties shall conduct regular commercial reviews, in accordance with this Agreement, of the results of I in comparison with the performance standards for each period.

3.2..

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