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(영문) 서울동부지방법원 2016.02.19 2015나24579

위약금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 25, 2013, the Plaintiff entered into a service contract with the Defendant with respect to the installation and management of the card terminal POS at the Defendant’s Crode branch, with respect to the following details:

(hereinafter referred to as “instant contract” / [Attachment 2] Product Supply and Support Details Kamera 2,360,000 won, ship 1 type 1,50,000 won, video recording equipment 1 type 50,000 won, one co-owner 1 unit 25,000 won, S/W, H/W maintenance expenses (36 months) 360,000 won, one Pomer 1,000,000 won, 2nd 50,000,000 won, 60,000,00 won in total, 36 months in the period of compulsory use.

B. According to the instant contract, the Defendant provided that, during the period of compulsory use stipulated in [Attachment 3], the Defendant shall not use the card terminal, other device similar to the POS, or the card terminal, POS, or any other company in competition with the Plaintiff (Article 3(3)), the contract shall not be terminated in the event that the use of the service is suspended prior to the completion of the contract period (Article 3(4)), and the product supply and support [Attachment 2] shall be compensated for the costs twice the product supply and support [Attachment 2] (Article 12(1)).

C. The Defendant, upon the change of the policy of the headquarters C, notified the POS to replace the POS due to the change of the policy of the headquarters, and then replaced the POS from December 10, 2014 to the other company’s POS.

2. According to the above facts of recognition, since the defendant's notification of suspension of transaction and the use of POS by other companies constitutes a violation of Article 3 (3) of the contract of this case, the contract of this case was terminated pursuant to Article 3 (4) of the contract of this case, and the defendant is obligated to compensate the plaintiff for 5,910,000 won, which is 2,95,000 won, which is 2,95,000 won as set forth in [Attachment 2] according to Article 12 (

However, unless there are special circumstances, the contract for breach of contract is presumed to be an estimate of damages under Article 398(4) of the Civil Code, and the contract period and the contract period.