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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is the leased and controlled entity of credit card terminals, and the Defendant, C, and D jointly operate “F Council members” in Suwon-gu E.
B. On March 28, 2013, C 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 (Conditions for Establishment and Lease Period) (1) A chain store shall not suspend the use of any terminal, POS system, and other supplementary equipment established by the company within the contract period, replace them with other company's products, and guarantee them in this contract.
(2) When a merchant intends to terminate a terminal, a POS system, or any other supplementary equipment after completion of installation, the merchant shall not refund all of the costs of installation/contract amount/registration fees/security deposit, and shall pay a penalty determined by the company.
(4) A period for lease of a terminal shall be subject to compulsory use during the period of the contract after its installation.
(5) Even if a franchise store contract is terminated for unilateral reasons within the period of compulsory use, rent and maintenance expenses shall be borne by the deadline for the contract period and may be redeemed in a lump sum.
The amount to be repaid shall be the damages as referred to in Article 7, and all civil or criminal objections may not be raised.
Article 4 (Types of Services and Methods for Payment of Fees) ① (11,000 won 11,00 won / monthly fee 5,000 won / monthly fee 11,000 won / monthly fee 11,000 won / monthly automatic payment payment service / monthly 4.00 won / monthly digital signature service 11,500 won / monthly (DESC) service 16,500 won / monthly 5,00 won / monthly payment 16,500 won / monthly payment 7 (Damages and Loss of Time Limit) ② Where a chain store provided by lease violates Article 3 (Conditions of Establishment) (the conditions of operation + the management expenses + the amount of equipment) and 3 (the conditions of operation).