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(영문) 서울북부지방법원 2018.04.19 2016가합20798

약정금

Text

1. The plaintiff (Counterclaim defendant) stated the "amount of counterclaim claim" in the attached Form No. 1 to the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

The plaintiffs are companies that mainly use common trade names, such as “Bmat”, “C”, and “D,” and engage in Schlage management, food wholesale and retail business, etc.

The Plaintiffs are substantially managing E, E, and F in their own or joint manner, and the relationship between the representatives of each legal entity is as follows.

The representative of the couple concerned, E-G, F-H type E, I, J and other family K(E) and L(F) Plaintiffs are in cooperative relations, have a similar operating structure, and all of the “BE” are “BE”.

The defendant is a value-added telecommunications business operator who performs the business of approving the use of cards, mediating the use of cards, purchasing card cards, etc. in the trade name of "M" between credit card member stores and credit card companies.

A Ban (N and VLDed Network) business operators shall recruit member stores on behalf of credit card companies and manage the card terminals (credit cards) of the member stores.

(2) The credit card sales data of a franchise store shall be arranged and submitted to a credit card company (or the purchase of credit card slips) by arranging the card sales data of a franchise store so that a credit card company can receive a credit card payment from a credit card company if a credit card company pays goods, service fees, etc.

On March 6, 2012, BE and the Defendant entered into a contract with the Defendant for the automatic transfer of credit card transaction approval and sales details (hereinafter “instant contract”).

At the time, BMaart and the Defendant drafted an agreement attached to the instant contract stating that “the Defendant shall pay the Defendant a certain subsidy per credit card processing unit to BMaart.”

The main contents of the instant contract and agreement are as follows.

이 사건 계약 제5조(계약기간) 본 계약은 B마트와 피고가 기명날인한 시점부터 발효되며, 계약기간은 2012년 3월 _일부터...