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(영문) 서울남부지방법원 2019.09.27 2018나64908
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) provides services, such as the provision of online services related to credit cards, off-line services, etc.; (b) recruit credit card member stores; (c) providing services, such as the provision of credit cards and other points cards, etc. using the computer of credit card companies, etc., and the lease and management of cash receipt equipment; and (d) obtaining profits by receiving fees per credit card companies and credit card companies depending on the number of credit card sales; and (d) the Defendant concluded a franchise agreement on the operation of the franchise store with C, a franchisor, a franchisor, under Article 2 subparag. 12 of the Telecommunications Business Act, to provide additional communications services as a kind of value-added telecommunications services under Article 2 subparag. 12 of the Telecommunications Business Act; and (c) providing a credit card company, etc. with a credit card company, etc., with a credit card company, etc., and (d)

B. On July 1, 2014, the Plaintiff entered into a contract with the Defendant for the term of the contract with “VN Services Supply and Equipment Lease Contract” (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

(Article 4(2), (7), and (3) with respect to penalty in each of the following provisions shall be referred to as the penalty clause in the instant case). Article 4 [POS (POS: POS devices) shall be combined with the functions of a cash register and a computer terminal, and shall be the information management system at the time of sale.

(i) lease, maintenance and repair under an agreement;

1. The Plaintiff agreed to lease equipment such as Appendix 1 on the condition that the Defendant does not violate this Agreement.

2. If the Defendant breached this Agreement prior to the expiration of the term of this Agreement, it shall purchase from the Plaintiff equipment leased under the Agreement under paragraph 1 of this Article on the basis of the unit price in Appendix 1.

7. The POS Symm’s first installation service cost of KRW 150,00 (excluding value-added tax) and KRW 80,000 (excluding value-added tax) for the receipt of card company documents by proxy shall be supported by the Plaintiff’s agreement to the Defendant.

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