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(영문) 서울중앙지방법원 2020.08.19 2019나31107
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates value-added telecommunications business.

The defendant is a business operator operating "D" in Eunpyeong-gu Seoul Metropolitan Government C.

B. The instant contract 1) mutually named “E” is a kind of data service providing information that provides value added by borrowing a telecommunications line from VN (VDed Net Network and Value-Added Network) to form an independent network by borrowing a telecommunications line from public telecommunications business. If a customer approves payment through a credit card merchant’s online device, the customer’s card-use data will be automatically notified to the credit card company. Based on this, a credit card company will impose a fee on each member store based on the settlement information accumulated through the bareboat service, and a credit card company will also receive payment from the credit card company through the above service. The F (hereinafter referred to as “mutual indication”).

(2) On March 14, 2017, the Defendant entered into the instant contract with the Defendant on March 14, 2017, including a series of systems and equipment in which sales information, such as prices and quantities, are automatically entered into a computer if a customer purchases goods, etc. from a franchise store by installing a device at the franchise store (information management at the time of sale) and managing information on the sales of the franchise store. In this case, E paid KRW 55 per unit of card sales as subsidies to the Defendant, while paying KRW 3(3) of the instant contract provides that “A franchise store during the contract period shall not be replaced or added to other similar functions, such as a card terminal, device, etc.,” and Article 12 of the instant contract provides that “A party or one of the parties intentionally or by gross negligence shall not be deemed as a party.”

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