손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
1. Facts of recognition;
A. The status of the party (1) The Plaintiff is a company that manufactures and supplies a device to approve payment of credit cards (hereinafter “terminal”).
(2) The Defendant is a person operating a restaurant (hereinafter “instant restaurant”) with the trade name “C” in Seocho-gu Seoul Metropolitan Government.
B. (1) On September 6, 201, the Plaintiff entered into a contract to use a device, etc. (1) with the Defendant to provide the Defendant with one wire terminal, one radio terminal, one digital signature terminal, one set of store sales (POS system), one set of program, one set of program by exclusive mother method, and one set of program by exclusive mother method.
The main contents are as follows:
Article 1 (Purpose of this Agreement) The purpose of this Agreement is to prescribe all matters, such as the delivery, installation, return, etc. of goods following the free use of the goods of “A (the plaintiff's title)” applied for the lease by “B (the defendant's title)”.
Article 2 (Rights and Use of Products) (1) Ownership of a product under this Agreement shall be effective for A, and the right to use the product shall be effective for B.
Article 4 (Conditions for Installation) (1) No Party B shall suspend the use of the products installed by Party A within the term of contract specified in Article 6, replace them with other products, or establish them, 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 of A or B by one month before the expiration date, it shall be automatically extended every one year, and B shall make an expression of intention in writing at the time of termination.
Article 8 (Termination of Contracts) (A) In the event of gross negligence or breach of contract as follows, A shall request A to make a correction thereof within a grace period of one week, and if B fails to comply therewith, A shall compensate pursuant to Article 10:
(1) Where Party B uses the inquiry service from companies other than Party A. (6) If Party A fails to comply with the rental contract period for five years, according to Party A’s requirements, Article 9 (Additional Installation of Goods).