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(영문) 서울서부지방법원 2021.02.04 2019가합40713

약정금 지급 등

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs a franchise business, etc., and the Defendant is a company that runs a credit card-related online and off-line service business, etc., which provides value-added telecommunications network (VN) services related to credit card transaction (hereinafter “VN services”).

B. On January 15, 2014, the original Defendant entered into a contract for the supply of VN services and for the lease of equipment among the original Defendant (hereinafter “instant contract”) and the main contents of the instant contract are as follows:

A Co., Ltd. (hereinafter referred to as "C") of the contract for the supply of services and the lease of equipment agreement, and a contract shall be concluded with B (hereinafter referred to as "B") as follows:

Article 6 [Period of Contract] The term of this contract shall be three years from the date of conclusion of this contract.

Article 7 [Number of Liability for Agreement and Fees for Performance of Contracts] As consideration for contractual support referred to in Article 5(1) and B, franchise stores shall have a total of 32,400,000 credit cards (including physical cards) during each contract period each month during the period of contract at least 90,000 credit cards (hereinafter “number of Liability for Agreement”).

3. C가 가맹점의 VAN 서비스 사업권을 B에게 독점적으로 부여하는 조건으로 B은 가맹점에서 발생된 신용카드 유효 건수에 대하여 ▣ 별첨 3과 같이 계약 이행 수수료를 지급한다.

Provided, That payment shall be deferred until the installation of POS by 700 member stores is completed.

(Calculation of Effective Number of Credit Cards Retroactive to the Initial Payment Date of Contract)

4. Payment from the time when the establishment of the POS of 700 member stores was completed in the contract performance fees under the preceding paragraph.

5. The payment method shall be calculated by aggregating the effective number of credit cards per month arising at the end of each month of the chain store and shall be remitted to the bank account designated by C on the fifth of the following month.

▣ 별첨 3 품 목 구분 비고 지급 수수료 신용카드...