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(영문) 서울중앙지방법원 2019.05.03 2018나53292
약정금(손해배상)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Basic facts

A. The Plaintiff is a person operating a business entity called “C” in the business of leasing and managing credit card terminals, and the Defendant is a person operating from August 21, 2015 to operate a restaurant of “E” on the former D and the first floor of the ground during Ansan-si from August 21, 2015 (hereinafter “instant restaurant”).

B. On August 21, 2015, the Plaintiff entered into a contract on the lease and maintenance of the instant equipment (hereinafter “instant contract”) with the Defendant, setting the period of compulsory use as 36 months, and instead of leasing one, one, one, and two, one, and two, one (f) equipment (hereinafter collectively referred to as “instant equipment”) to the Defendant, with the content that the Defendant would pay KRW 55,000 to the Plaintiff as monthly management expenses.

C. According to the “product supply and support content” in the instant contract, the value of the instant equipment is KRW 2,300,000 (i.e., KRW 1,500,000 + KRW 400,000 + KRW 1 device and KRW 400,000 + KRW 2 device with KRW 400,000). At the time of the instant contract, the Plaintiff agreed with the Defendant that the credit card provider would not receive monthly management fees if the number of credit cards approvals between the Defendant and the Defendant is more than 50 cases per month.

The Plaintiff installed the instant equipment in the instant restaurant in accordance with the instant contract, and the Defendant prepared a “Cmp-transfer application” to the Plaintiff so that the Plaintiff could withdraw monthly management expenses from the Defendant’s account in the name of the Defendant from October 5, 2015 to October 5 of each month.

E. From the conclusion of the instant contract to October 5, 2016, the Plaintiff calculated monthly management expenses to be paid from the Defendant by aggregating the number of approvals of the credit card of the instant restaurant each month, and withdrawn them from the Defendant’s account at the fifth day of the following month (the business day which comes first in the case of holiday).

F. The Defendant, around October 11, 2016, discontinued the restaurant of this case to the Plaintiff, and thus, would no longer use the instant equipment.

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