(영문) 서울남부지방법원 2019.05.30 2018나2313

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자간(%)

(영문) 서울남부지방법원 2019.05.30 2018나2313

약정금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

가. 원고는 신용카드 단말기 임대 및 관리 서비스업을 하는 회사이고, 피고는 ‘C’라는 상호로 샷시 부속, 철물업을 하였던 사람이다.

Contents of Product Supply and Support (SMT2200) One (amounted to 400,000) of the card terminal (amounted to 200,000) and the major terms and conditions of the supply of one private package (amounted to 200,000) and the terms and conditions of the special terms and conditions: The mandatory use period of KRW 11,000 per month: Article 3 (Contract Terms, Period) of the Terms and Conditions;

4. Eul (the defendant; the same shall apply hereinafter) shall pay monthly installment payments, rents, and amounts of maintenance and repair of devices which have been under an agreement and a contract in attached Table 3 of the company (the plaintiff; the same shall apply hereinafter) by automatic transfer;

5. The term of the contract shall be specified in Table 3, and before one month after the expiration of the contract period, A (Plaintiff) and B shall be notified in writing of the termination of the contract, and if both parties do not notify, the term of the contract shall be automatically extended every one year.

Article 4 (Loss of Maturity Interest) B shall lose the payment of the installment, rent, and the payment of the amount of maintenance and repair in the following cases, and the Council may claim the remainder of the installment, rent, and the amount of maintenance and repair en bloc:

B shall pay the amount claimed by A within two weeks from the date on which the claim by A was made.

1. Where Eul fails to pay the fees to be paid to the company, such as card terminals, POS, other installment payments, rents, and fees for maintenance and repair three times or more;

5. Article 5 (Credit Card Terminal, POS, and Other Ownerships)

1. If Eul uses a card terminal, POS, or other installment purchase, lease, free of charge, maintenance and repair contract, and the ownership of the card terminal, POS, and other installment, the ownership of the card terminal, POS, and others is in existence of the company, and upon the expiration of the contract period, Eul shall appear or return to the company an extension of the contract period at the time of the expiration of the contract period.

2.B shall be the card terminal, POS.

유사 판례

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