손해배상(기)
1. Of the judgment of the first instance court, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
The defendant.
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 who operates a restaurant (hereinafter “instant restaurant”) with the trade name “C” in Gangnam-gu Seoul Metropolitan Government.
B. On October 26, 2012, the Plaintiff entered into a contract for the use of a device, etc. (hereinafter “instant contract”) with the Defendant and entered into a contract with the Defendant to provide one device, one electronic signature device, and one Internet single device to the Defendant (hereinafter “instant contract”).
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 Eul uses the inquiry service from companies other than Gap, 6. If Gap fails to implement the rental contract period for five years according to Gap's requirements, Gap's request shall be made before the expiration of the contract period under Article 9 (Additional Installation of Goods).