손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a merchant solicitor (hereinafter “VN agency”) who entered into an entrustment contract with a value-added network provider under the Specialized Credit Financial Business Act (hereinafter “C”), a corporation (hereinafter “VN company”).
The defendant is a company that operates theme park business, etc., and the company that opened and operates the "E" (hereinafter referred to as the "E business") on the site of the Busan D redevelopment area.
B. On September 19, 2017, the Plaintiff entered into a service contract for the approval of credit card trading and ancillary services (hereinafter “instant contract”) with the Defendant (hereinafter “instant contract”). The key contents are as follows.
Article 1(Purpose) This Agreement provides for the following matters with respect to the use of the VN service provided by C by linking A [Defendant] and B [Plaintiff] with a computerized device (HOST COPUTER):
Article 10 (Compensation for Damages, etc.)
1. A or B shall compensate the other party for the damages (including where the other party is liable for damages to a third party) caused by his/her own fault attributable to him/her in connection with the default of obligations under this contract and the performance of obligations under this contract;
2. If a Party intentionally causes damage under the preceding paragraph, the other Party may take any civil or criminal action against the Party who violated and shall fully be aware of the possibility of such legal action.
3. The Parties shall not be liable for any damage caused by force majeure which has taken any reasonably possible measure in light of commercial practice, but which could not be avoided.
Article 17 (Special Agreements)
1.With respect to F Group G G and Seoul store operated by A for the duration of this contract to maintain (one year) 3,000,000 credit card approval numbers (one year) at F Group G and other franchise stores, including Busan and Seoul, A shall be guaranteed to B and filed under the following conditions:
① When the number of approvals under the above 1 is below, A shall extend the contract period and the above number of approvals.