손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5 and Eul evidence No. 1 (including branch numbers), unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:
The Plaintiff is a corporation established for the purpose of leasing telecommunications equipment on January 8, 2003, and is a VN agency that provides value-added telecommunications services, such as solicitation of credit card member stores, credit card approval services, and management services, to credit card member stores. The Defendant is a person who, from April 4, 2013, operates the “C store” (hereinafter “instant store”) in the underground floor of the Gangnam-gu Seoul building from around April 4, 2013.
B. On July 1, 2015, the Plaintiff entered into a contract for the use and lease of VN service (hereinafter “instant contract”) with D, who is the manager of the instant store and the name of the Defendant’s agent. The relevant content of the instant contract is as follows.
Article 1 (Purpose of this Agreement) The purpose of this Agreement is to provide for the delivery, installation, return, etc. of products following the use of products for which “B (the Defendant; hereinafter the same shall apply)” (the Defendant; hereinafter) may use VN services on behalf of each credit card company, such as application and credit card automatic transfer business, and the delivery, installation, and return, etc. of products for which “B (the Plaintiff; hereinafter the same shall apply)” applies to each credit card company
Article 3 (Conditions for Installation) (1) The term “B” shall not suspend the use of the products installed by “A” without the prior consent of “A” within the term of contract stipulated in Article 4, replace them with other products, or install them, and guarantee them under this Agreement.
(Provided, however, Article 4 (Contract Period) (1) of the Act provides that where a contract is terminated within the contract period, a third party shall be succeeded to the same condition). (5) In principle, there is no separate declaration of “A” or “B” before the expiration of one month after the establishment of the product.