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(영문) 수원지방법원 성남지원 2017.01.17 2015가단16117

손해배상(기)

Text

1. Defendant B’s KRW 85,630 as well as 5% per annum from June 12, 2015 to January 17, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff is a company in charge of providing a series of services and credit card terminals, such as settlement and approval, made through credit card terminals and online through the telecommunications Internet line of the KT Telecommunication Service provider, and of performing the duties of follow-up management.

The Plaintiff is a type of value-added telecommunications service under Article 2 subparagraph 12 of the Telecommunications Business Act, which is a credit card company, etc., using the computer of the credit card company, etc., and an additional telecommunications service related to credit cards and other points cards, approval duties, and cash receipts. In addition, the Plaintiff recruited and manages a franchise store for which the approval of credit cards will be obtained by being entrusted by a company providing the same (hereinafter referred to as “bareboat company”) (hereinafter referred to as “bareboat company”), and in return, receives a certain rate of fees for each credit card transaction from the franchise store that the Plaintiff recruited and managed by the bareboat company.

(2) The Defendants are operators of Mart within the territory D (State) in Pakistan, Defendant A is a trade name “E” in the above company’s welfare Dong, and Defendant B operates Mart with the trade name “F” in the above company’s A2 Dong.

B. On July 1, 2011, and July 12, 2011, the Plaintiff entered into a settlement system, maintenance and repair, and service contract with Defendant A (hereinafter “instant contract”) with each of the following main contents.

'The plaintiff is the information management system at the time of sale, which combines the Ban service with the POS POS POS (OF) terminal: a cash register with the computer terminal function.

The goods, such as the terminal 2 SET, 4 PLU key 2, etc. shall be supplied free of charge, the Defendant A shall be paid 30 won per card number of card approvals, and the Defendant B shall be paid 20 won per month for each card approval number.

The Defendants, instead, must use the Plaintiff’s service for three years.