손해배상(기)
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.
1. Occurrence of liability for damages;
A. On March 19, 2013, the Plaintiff engaged in the sales, management, etc. of a credit card terminal (hereinafter “instant contract”) provided a card terminal with the Defendant operating a credit card terminal with B without compensation, and used the card terminal for three years, and the Plaintiff entered into a contract for the sale, lease, and VN service use (hereinafter “the instant contract”) with the effect that the Defendant shall pay 60 won per case to the Defendant out of the fees paid by the credit card company through credit card payment via the said card terminal, etc., and the Defendant agreed to use the credit card approval service through the products provided by the Plaintiff for the said period, and that the Defendant shall replace, install, and use the other company’s terminal, and if violated, it shall compensate the Plaintiff for the amount equivalent to two times the amount of money paid by the Plaintiff for each of the details provided by the Plaintiff.
The Plaintiff installed a card terminal, etc. at the hospital operated by the Defendant around that time under the above contract, but the Defendant arbitrarily replaced the device to another company on March 2013, and terminated the use of the Plaintiff’s Ban 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.
D. The Defendant withdrawn the offer of the instant contract within 14 days from the date of receipt of the instant contract, or the date of receipt of the goods, etc. under Article 8(1)1 of the Door-to-Door Sales Act. Thus, the Plaintiff during the said contract period.