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(영문) 서울중앙지방법원 2017.04.26 2016나82111

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1, 2, 3-1, 2, 4, and 1, and 1.

The Plaintiff’s “VN Services” column

1. The business of providing telecommunications services or the network thereof by establishing a network using computers with a line leased to a public telecommunications business operator;

2. The term “credit card member stores” means inquiries into credit cards and other points cards, etc., approval services, and additional telecommunications services related to cash receipts, including the recruitment and management services of credit card merchants

A business operator is "VN agency" that provides value-added telecommunications services, such as recruitment of credit card member stores, credit card approval services, and management services, to credit card member stores, and the defendant is a person who operates a general restaurant in the name of Gangnam-gu Seoul Metropolitan Government Group B (hereinafter "the instant member store") from 109 and 110.

B. On December 22, 2015, the Plaintiff entered into an agreement with the Defendant to lease a credit card settlement equipment (the 2 set set of POS equipment and CCTV 1 set) to the instant chain store operated by the Defendant and provide VN services (hereinafter “instant use agreement”). The pertinent use agreement in the instant use agreement is as follows.

Article 1 (Purpose of Contract) The purpose of this Agreement is to provide for all matters, such as the delivery, installation, return, etc. of products following the use of products for which the Defendant applied for lease for the approval of the card, by proxy, of computerized services, such as application for the franchise of each card company and automatic transfer of card cards, so that the Defendant can use VN services.

Article 2 (Rights and Use of Products) (1) Ownership of a product under this Agreement shall be effective to the plaintiff and the right to use the product shall be effective to the defendant while the contract period is lawfully maintained.

§ 3.