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(영문) 인천지방법원 2016.11.04 2016나51507
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is the sales, lease, and controlled entity of credit card terminals, and the Defendant is operating the “C pharmacy” in Suwon-si B.

B. On June 23, 2014, the Defendant concluded a contract for the lease of credit card terminals and other supplementary equipment with the Plaintiff (hereinafter “instant contract”).

C. The main contents of the Plaintiff’s service terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 3 (Terms and Conditions for Rental) A franchise store may use all or some of the rental fees, including user fees, maintenance and management, automatic payment for credit card sales proceeds, digital signature services, and CD communications fees, free of charge, during the lease period of the leased equipment. If a contract is terminated due to a cause attributable to a franchise store, a franchise store shall pay to the company in lump sum by applying the whole amount from the date of use to the date of termination of the contract (term of compulsory use) even if the contract is terminated due to a cause attributable to the franchise store.

The amount of redemption shall be the amount of damages as referred to in Article 7, and all civil or criminal objections shall not be raised.

(4) The company shall provide the entire services under Article 4 (1) without compensation and during the lease of the monthly and special terms and conditions for the lease (five years for compulsory use) of a device, and shall provide the special terms and conditions for each month [number of approval each month] 】 [The number of monthly cards] 】 Article 4 (Types of Services and Methods for Payment of Fees) 11,000 won / monthly service charges (monthly payment) 11,000 won / monthly service charges for the use of a credit card device 2PS device / monthly 5,000 won / monthly 11,000 won / monthly 3 maintenance service 11,000 won / monthly automatic payment (DC) service 16,500 won / monthly 6 digital signature (DESC) service / 500 won / July 11,000 / 7- October 11,000 won / 6.

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