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(영문) 수원지방법원 2016.11.09 2015나9865

손해배상청구

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1. Of the judgment of the court of first instance, the remaining Defendants except Defendant B, Q, and U shall be subject to the appeal of each of the attached Table to the Plaintiff.

Reasons

1. Presumed facts

A. 1) The Plaintiff is a party’s position: POS POS terminal POS (OF) terminal in the name of “V” combined with the function of a cash register and is the information management system at the time of sale. The Plaintiff is a franchise store that entered into a franchise agreement on the operation of a “X” store with a credit card company (hereinafter “franchise”) in connection with the sales, lease, and management of a credit card inquiry machine, and related VN service VN service (VN) service: a type of value-added telecommunications service under Article 2 subparag. 12 of the Telecommunications Business Act, which is a type of supplementary telecommunications service under Article 2 subparag. 12 of the Telecommunications Business Act, is an inquiry into credit cards and other points cards, approval, and additional telecommunications service related to cash receipt. 2) The Defendants are the franchise store owner who entered into a franchise agreement on the operation of a “X” store with a credit card company (hereinafter “franchise”).

3) The Plaintiff’s “V” is a subordinate agency of the YA, Inc., the headquarters of which is VN, which entered into an agency contract with the Korea Private Bank Settlement, and is paid fees according to the number of credit cards settlement approval from the Korea Private Bank Settlement or the YA. (4) Meanwhile, around 2013, the Plaintiff entered into a contract with the AA, which operates the “Z”, to acquire all rights and claims arising out of the contract with approximately 132 Defendant B, etc.

B. Defendant B, U, and Q were to enter into a contract and transfer business, etc. (i) Defendant B, U, and Q were to enter into an agreement on free lease of credit card time (hereinafter “instant agreement”) with A as the principal terms and conditions of the agreement between A and A on each day indicated in the “Conclusion Date of the Agreement” as follows.

(However, Defendant Q entered into a contract with the Plaintiff on the same condition as the contract entered into with AA on Dec. 2, 2013, additionally, the second franchise store X Han-dae2, the second franchise store. According to the instant contract, AA entered into a POS terminal, inquiry, etc. for the payment of credit cards to the said Defendants’ businesses.