손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is a company whose business purpose is the provision of credit card electronic approval services for credit card merchants (hereinafter referred to as VN services) and the supply of peripheral devices, such as credit card terminals, etc., and the Defendant is a person who operated an individual business in the trade name of “B”.
B. On January 27, 2015, the Plaintiff entered into a lease agreement with the Defendant on behalf of each credit card company on behalf of the Defendant for computer services, such as application for membership and credit card automatic transfer, and entered into a credit card terminal, digital signature terminal, etc. to install and lease peripheral devices necessary for approval for the card (hereinafter “instant agreement”) and installed a system necessary for the Defendant’s store to use credit card terminals, one digital signature terminal, and fiveN service.
C. Major matters stipulated in the instant contract are as follows:
1) Contract period: A contract period for the use of a product shall be five years in principle after the establishment of the product (Article 4(1)2): the defendant shall not suspend the use of the product installed by the plaintiff within the contract period without the plaintiff's prior consent or replace the product with another company or install additional products, and shall not transfer the product to another person at his/her own discretion.
(Article 3(1)(2)(3) of the Compensation for Damages: The Defendant shall compensate for an amount equivalent to KRW 498,00 per unit price of a credit card terminal, KRW 220,000 per unit price per digital signature terminal, KRW 220,00 per unit price per digital signature, installation costs, and other service costs (Article 9). However, on September 4, 2015, the Defendant terminated a credit card company’s franchise agreement and discontinued the use of the products installed by the Plaintiff by closing the business. [In the absence of dispute over the grounds for recognition, the Defendant’s respective entries in subparagraphs 1 through 6, 8, and 9, and the purport of the entire pleadings.
2. According to the above facts of recognition, the defendant's credit card franchise agreement without the plaintiff's consent.