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(영문) 수원지방법원 2016.11.09 2015나5726

손해배상청구

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party’s position in the name of “C” that combines the functions of POS POS terminal POS (OF) with a cash register and is the information management system at the time of sale. The Plaintiff is a franchise store owner who entered into a franchise agreement with D (hereinafter “franchise”) on the operation of “E” chain store in relation to sales, lease, management, and related VN service VN service (VN) services: a type of value-added telecommunications service under Article 2 subparag. 12 of the Telecommunications Business Act, which is a type of value-added service under Article 2 subparag. 12 of the Telecommunications Business Act, to inquire into credit cards and other points cards, approval, and value-added telecommunications services related to cash receipt using the computer of VN business operators. 2) The Defendant is a franchise store owner who entered into a franchise agreement with D (hereinafter “franchise”).

3) The term “C” operated by the Plaintiff is a subordinate agency of the Gyeonggi Information and Communications Technology Co., Ltd., the headquarters of which has concluded an agency contract with the Korea Private Bank Settlement, and is paid fees according to the number of credit cards payment approval from the Korea Private Bank Settlement or the Gyeonggi Information and Communications Co., Ltd. (B). The Defendant concluding the contract is the Plaintiff’s major content on November 15, 2013, based on the terms and conditions described in the Plaintiff and the Plaintiff’s (c). (hereinafter “instant contract”).

C. The content of the terms and conditions is as follows: C (hereinafter “A”) or “company”.

)The card terminal, POS, and other products sales, lease, free of charge, maintenance and repair, and services (hereinafter referred to as “services”) provided by it are chain stores and contractors (hereinafter referred to as “B”).

(iii)The purpose of the franchise store shall be to explain all the matters necessary for its use and to enter into its obligations and smooth contracts (the terms of the contract, the period of installment purchase, lease, free of charge, and maintenance and repair agreements for the period of the contract in Schedule 3.