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(영문) 서울서부지방법원 2015.04.30 2014나33660

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 May 2, 2013, the Plaintiff engaged in the sales, management, etc. of credit card terminals: (i) provided a card terminal with the Defendant operating a B pharmacy without compensation; and (ii) provided the said card terminal with the Defendant for three years mandatory use; and (iii) concluded a contract on the sale, lease, and VN service use (hereinafter “instant contract”) with the effect that the Plaintiff shall pay 40 won per case to the Defendant out of the fees paid from the credit card company through credit card payment via the said card terminal, etc.; (iv) agreed that the Defendant shall use the credit card approval service through the products provided by the Plaintiff during the said period; (iv) the Defendant shall replace the other company’s terminal, install and use additional devices, and (v) shall compensate the Plaintiff for the amount equivalent to two times the amount of money for each type of transaction provided by the Plaintiff.

The Plaintiff installed a card terminal, etc. at the hospital operated by the Defendant around May 2013, the Defendant arbitrarily replaced the device to another company, and terminated the use of the Plaintiff’s broadband service.

【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B. The Defendant withdrawn the subscription of the instant contract within 14 days from the date of receipt of the instant contract, goods, etc., pursuant to Article 8(1)1 of the Door-to-Door Sales Act (hereinafter “Door Sales Act”).