(영문) 서울북부지방법원 2015.02.13 2013나7279

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(영문) 서울북부지방법원 2015.02.13 2013나7279

물품대금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

Reasons

1. Basic facts (1) The Plaintiff is a person operating a business that creates profits by lending credit card member stores under an agreement with a company that operates a credit card brokerage business, etc. and receiving fees from a company that operates the said settlement brokerage business, etc. based on the card payment performance, etc. of credit card member stores. The Defendant is a person who operates C and D.

(2) On March 4, 2011, the Plaintiff and the Defendant concluded an agreement with the Defendant to lend to the Defendant one credit card steering gear (the Excursion ship type, the model name SSV7100) and one credit card steering gear (SV7100) to be used in D, and the Defendant concluded an agreement with the Defendant to impose the obligation to use each credit card steering gear from March 4, 201 to March 4, 2014.

(3) Of the terms and conditions on each of the instant agreements (hereinafter “instant agreement”), Article 3 (Lease Terms and Conditions) of the amount of damages among the terms and conditions on each of the instant agreements (hereinafter “instant agreement”) between the Plaintiff and the Defendant (hereinafter “instant agreement”) and the period during which the Defendant is obliged to use a credit card steering gear in accordance with each of the instant agreements.

1.B shall use the leased referencer for credit card transaction approval services provided by A.b.

B shall use credit card transaction approval services provided by A during the period of compulsory use. 3.

B shall acquire the ownership of the inquirer from A when the period of compulsory use expires.

B shall not use a device of another agency during the period of compulsory use.

Article 7 (Termination of Contract)

1. Where Article 3 is violated, A shall request the correction thereof within a grace period of one week, and if B fails to comply with the request, A shall compensate twice the consumer price under Article 8;

Article 8 (Standards for Compensation for Damages)

1. The consumer price of the type of an excursion ship: 360.

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