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(영문) 서울중앙지방법원 2014.12.24 2014나25084

신용카드단말기대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 1, 2011, the Plaintiff entered into an agreement with the Defendant on the supply of credit card terminals and the use of services (hereinafter “instant agreement”). The main contents and the subsidiary agreement are as follows.

Article 1 (Purpose of this Agreement) This Agreement sets forth the service of chain stores and their respective business responsibilities and rights with respect to the approved VN (credit card, Cash Receipt) operated by the “A” (the Plaintiff) on stores operated by the “B” (the Defendant).

Article 4 (Conditions of Establishment and Terms of Contract) (1) No Party B shall suspend the use of the products installed by Party A within 36 months, replace them with other products or install them additionally, and guarantee them under this Agreement.

(2) A shall subsidize 800,000 won for merchandise coupons for three years with a total of 26,640 items, which have occurred as at least 740 items per month approval for credit cards during the contract period.

(3) If the number of contractual transactions (26,640 cases) exceeds three years, 30 won per case shall be paid retroactively.

(5) If a person does not wish to use any longer upon the expiration of the lease term, he/she shall return the products to A within seven days after the expiration of the lease term.

Article 6 (Termination of Contract) A shall, even before the expiration of the contract, request B to take a grace period of ten days and make corrections in any of the following cases, and may terminate the contract if B does not comply with such request:

(2) In cases of using other products Eul, Article 9 (Compensation for Damages) (1) shall be paid for the value of products and subsidies immediately after a breach of contract, as it is serious breach when replacing them with other products or installing additional products within the contract period.

하지만 매장이 완전히 없어지거나 더 이상 운영이 어려운 상황일 땐 사업자폐업 즉시 (잔여개월수X임차물품의 제품가액÷36)를 납입하여야 한다.

At this time, B shall return leased goods.

If it is impossible to return goods due to loss, damage, etc., leased goods.