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(영문) 서울서부지방법원 2015.04.30 2014나34007

손해배상(기)

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Occurrence of liability for damages;

A. On November 7, 2013, the Plaintiff engaged in the sales, management, etc. of credit card terminals: (a) entered into a contract for the sale, lease, and use of POS and card terminals (hereinafter “instant contract”); (b) the Defendant shall use the credit card transaction approval service through the Plaintiff’s product during the said period; (c) the Plaintiff shall replace, install, and use additional, the other company’s device; and (d) the Plaintiff shall not pay two times the amount of money provided by the Plaintiff to the Plaintiff if the Plaintiff violated the contract.

The Plaintiff installed a card terminal, etc. at the hospital operated by the Defendant around that time pursuant to the above contract, but the Defendant arbitrarily replaced the device to another company on November 2013, and terminated the use of the broadband service by the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2 and 3, the purport of the whole pleadings

B. (1) According to the above facts, although the defendant agreed to use a credit card device, etc. provided by the plaintiff for three years pursuant to the contract of this case, it was replaced to another company and violated the contract, and thus, the defendant is obligated to compensate the plaintiff for damages as stipulated in the contract of this case, barring special circumstances.

B. The Defendant asserted that he did not have any obligation to maintain the use of the Plaintiff’s card terminal and bareboat service during the contract period, as he received the instant contract pursuant to Article 8(1)1 of the Door-to-Door Sales Act, or withdrawn the offer of the said contract within 14 days from the date of receipt of the goods, etc.