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(영문) 인천지방법원 2018.11.20 2017가단10236

약정금

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1. The Defendant: (a) KRW 5,754,100 for the Plaintiff and KRW 6% per annum from April 20, 2017 to November 20, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the business of installing and lending credit card terminals under the trade name of “C” in the Nam-gu Incheon Metropolitan City, and the Defendant is a company with the purpose of theater operation business, etc.

B. On July 9, 2015, the Plaintiff entered into a contract with the Defendant for the use of credit card terminals and other equipment with which the Plaintiff would lend credit card terminals, etc. to the Defendant (hereinafter “instant contract”). The key contents of the said contract are as follows.

2. Lease equipment and special agreement;

(a) Two leasing Equipment POS POS pool installation two, two signing seals, two receipt terminals, two franchises, two card terminals, two card terminals, and six fixed-term contract quantity. In short, six fixed-term contractual requirements and three CCTVs (hereinafter collectively referred to as “instant equipment”) are provided.

B. The term of lease under the special agreement shall be from August 6, 2015 to the end of the agreed number of cases, and if the remaining number of the agreed terms remain at the time of termination or the expiration of the lease period, penalty against A (the remaining number of agreed terms x 100 won) (the value of lease equipment) shall be paid.

The number of credit card agreements during the contract period is 48,000 cases as the DESC standard.

After the contract, it is regarded as a breach of contract when using other VN services after the contract, and it is the case when the contract is violated by intentional termination or use of other VN (total number of agreements x penalty 500 won).

It is a condition to return all equipment after the termination of the contract.

4. Consumer price (including value-added tax);

5. Special agreement;

A. The ownership of the instant equipment is against the Plaintiff, and the Defendant’s arbitrary sale, transfer, and holding office is prohibited, and the Defendant is liable for civil and criminal liability in the event of the violation.

C. On December 23, 2015, the Defendant, who closed the business, requested the Plaintiff to collect the instant equipment. On December 28, 2015, the Plaintiff collected the said equipment.

On January 29, 2016, the Defendant paid KRW 2,000,00 to the Plaintiff via Nonparty D, who is an employee of the Plaintiff.

Grounds for recognition: