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(영문) 서울중앙지방법원 2016.03.18 2015나59534

손해배상(기)

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. The purpose of this contract is to provide for all matters such as the delivery, installation, return, etc. of products following the free use of the Plaintiff’s products requested for lease by the Defendant.

Article 4 (Conditions for Installation) (1) The defendant shall not suspend the use of the products installed by the plaintiff within the term of contract prescribed in Article 6, replace them with other products or establish additional ones, and guarantee them under this Agreement.

Article 6 (Period of Contract) The term of a contract for the use of a product shall be five years after the establishment of the product, and if there is no separate declaration of intention from the plaintiff or defendant one month before the expiration date, the contract shall be automatically extended every one year, and the plaintiff shall notify the defendant of the expiration date and the automatic extension matters two months before the expiration date of

(hereinafter) Article 11 (Criteria for Product Price) Item 1 of the Act shall compensate for the amount equivalent to the price provided in the event of failure to perform the contract, such as Article 6 of the Act, of KRW 30,000 POS program of KRW 300,000 in the set 1,80,000 in the POS program of KRW 300,000,000 in the volume of 498,000 credit card devices of KRW 220,000,000 in the 2nd line method (monthly) 300,000.

On November 25, 2013, the Plaintiff entered into a contract for the use and lease of VN services (hereinafter “instant contract”) with the Defendant who operates “B” (hereinafter “instant contract”).

B. According to the instant contract, the Plaintiff installed two credit card terminals and two digital signatures in the Defendant’s business place.

C. From November 2013, the Defendant used the VN service provided by the Plaintiff from around November 2013, and used the VN service provided by another company from around July 2015, and did not use the Plaintiff’s VN service.

Accordingly, the Plaintiff sent content-certified mail to the Defendant on July 3, 2015, but the Defendant did not comply with the instant contract, and sent content-certified mail again on July 10, 2015.