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(영문) 의정부지방법원 2017.01.13 2016나55975

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates communications equipment and credit card terminal sales and management business, and the Defendant is operating a pharmacy under the trade name of “C pharmacy” in Spocheon-si B.

Article 4 (Conditions of Establishment)

A. B (the Defendant’s title; hereinafter “Defendant”) does not suspend the use of any product that Party A (the name of the Plaintiff; hereinafter “Plaintiff”) created within the period of mandatory use of the front, replace it with other products, or establish additional products, and guarantee this agreement.

B. The defendant recognizes that it is the plaintiff's assets and there is no problem of management.

Article 6 (Period of Obligatory Use and Matters to be Observed)

(a) The term of this contract shall be three years;

B. The defendant must transfer and take over the contract where the business owner is changed due to unavoidable circumstances.

C. The Defendant shall extend the mandatory use period until the total number of monthly card numbers entered on the front during the compulsory use period reaches insufficient number of days.

The defendant shall automatically extend the contract period for one year when there is no wire/ wireless notification prior to a month as of the end of the contract period.

Article 7 (Compensation for Damages) In cases falling under any of the following subparagraphs, the Defendant shall be liable for twice the amount of compensation in accordance with the standard of the details of support:

If the product was lost due to the defendant's fault;

(b) Where the Defendant uses VN services from a company other than the Plaintiff during the period of compulsory use;

(c) Where the period of compulsory use is not fulfilled;

B. On October 22, 2012, the Plaintiff entered into a lease agreement with the Defendant with a view to leasing a credit card device and ancillary equipment, and providing free support for the amount of leasing equipment, such as a device, installation costs, service charges, and communications expenses, on condition that the period of the agreement is observed for 36 months (hereinafter “instant agreement”). The Plaintiff’s terms and conditions of use applicable to the instant agreement (hereinafter “instant terms and conditions”) are as follows.