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1. The part of the first instance judgment against the Defendants shall be revoked.
2. All of the plaintiff's claims against the above revocation.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of manufacturing call equipment and operating call centers necessary for the operation of a taxi, and the Defendants are taxi companies.
B. On August 1, 2010, the Plaintiff and the Defendants concluded the C franchise agreement (hereinafter “instant agreement”) respectively, and the main contents are as follows.
On the other hand, with regard to Article 23(1)1 of the instant contract, the Defendants calculated the 18th day of each taxi operation as the 18th day of each month, and paid the call service fee of KRW 18,000 per taxi (=1,000 x 18 days) to the Plaintiff.
Article 7 (Term of Contract) A (referring to the plaintiff) and B (referring to the defendants) shall be for the period of four years (24 months) from the date of conclusion of the contract.
Article 10 (Business Area) C The business territory of the members of the Passenger Transport Service Act is within the Chuncheon City area under Article 10 of the Enforcement Rules of the Passenger Transport Service Act.
Article 20 (Commencement of Services and Establishment of Chain Stores) (1) When this contract is concluded, the headquarters shall commence the establishment of the call center, provide the services within three months from the date of obtaining a license, and may extend the commencement of services within the extent of one month if the services are not provided within three months.
(2) A shall complete the installation of equipment related to services in a member taxi in parallel with the establishment of a call center.
Equipment and goods to be installed in a taxi shall be as follows:
1. Installation equipment: A merchant member shall pay a monthly payment (an amount obtained by multiplying the number of members operating days by 1,000 won, and a unit price multiplied by the number of monthly call success by the unit price) to the bank account designated by Gap by the 10th of the following month, such as a terminal (including seven in number), credit card settlement system, and interlocks (cashs issuing and receiving cash receipts), and the details of the monthly payment shall be as follows:
1. Daily working allowances for members: 1,000 won;
2. A monthly;