위약금 등
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. Plaintiff A operates a mutually agreed company in Busan Metropolitan Government I, and Plaintiff B is an agent that has entrusted M Co., Ltd and N Co., Ltd with value-added telecommunications network (VN and valued Lt Network) with respect to approval of credit card settlement from M Co., Ltd. while operating a mutually agreed company with the trade name “L” at K in Busan Metropolitan City, Busan, and is engaged in terminal and peripheral equipment service business for approval of credit card settlement.
B. Defendant C is a person operating the “OE”, Defendant D is a person operating the “PM”, Defendant E is a person operating the “ QM”, Defendant F is a person operating the “R”, Defendant G is a person operating the “SE”, Defendant G is a person operating the “TE”, and Defendant H operates the “TE”.
[Reasons for Recognition] Facts without dispute, purport of whole pleading
2. Plaintiff A’s claim against Defendant D
A. On October 27, 2014, Plaintiff A entered into a contract with Defendant D and Defendant D for the supply of a POS and peripheral devices, etc. on a seven-year basis. However, on July 21, 2016, Defendant D unilaterally terminated the said contract even if the contract term stipulated in the said contract has not expired. Plaintiff A sought payment of KRW 200,000,000,000,000 for the loss of expected profit due to the remaining number of months of the contract, including damages and penalty, and KRW 31,70,000,000,000,000 for the remainder of the contract, as the other party who entered into a contract with Defendant D and D, not Plaintiff B, but Plaintiff A is not a party to the contract, and Plaintiff A’s claim is dismissed.
B. In a lawsuit for performance 1, the standing to sue is nominal as the Plaintiff’s claim itself, and the determination is absorbed into the propriety judgment of the claim, so the person who asserts his right to claim his payment is a legitimate plaintiff and the obligor.