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(영문) 대구지방법원 2017.08.09 2015가단36195

매매대금반환

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1. The plaintiff's primary and conjunctive claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant has operated a business (hereinafter “instant business”) entrusted by an agency of another credit card VN company to conduct the business of leasing and managing a device (excluding the business of performing settlement agency) by entrusting another credit card company’s agency (excluding the business of performing settlement agency) in the course of operating a D local agency of a stock company C, which is a credit card VN company (a company intermediateing a credit card merchant with a credit card merchant, a credit card merchant by soliciting credit card merchants and leasing a device, and a credit card merchant by performing relay processing of transaction information at the time of granting payment approval.).

B. On February 16, 2015, the Plaintiff entered into a contract with the Defendant to take over the instant business from the price of KRW 42 million (hereinafter “instant contract”).

The Plaintiff paid the acquisition price to the Defendant, and commenced the business on March 1, 2015.

- The right to lease (hereinafter referred to as 2,500,000 won per month of the receipt of rents) - the right to the settlement fee by means of a credit card terminal (10,000 won per month) by the credit card terminal of the Dispute Resolution Co., Ltd. - the total number of member stores: approximately 400 persons;

C. Terms and conditions of the contract of this case (subject to assignment) are as follows.

The terminal rent is KRW 10,000 per month average per unit, and the number of settlements is exempted for many member stores.

The settlement fee shall be 20 to 40 won per case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The main point of the Plaintiff’s claim is 40 or more member stores, not 400 but 250 but 40 or more of which are in arrears with the rent of the terminal, and the monthly average number of settlement amounts and the amount of LPG charging stations are excluded from the Acean management franchise store, and the monthly average number of settlement amounts is less than 5,00.