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(영문) 서울중앙지방법원 2015.09.25 2014가합50345
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiff’s status as the parties is a restaurant business company with the trade name of “cococop,” and the Defendant Barnet Co., Ltd. (hereinafter “Defendant Barnet”) is a company that provides online and off-line services related to credit card payment, as well as network formation and provision of information on the settlement system.

(b) Article 2 (Definition of Terms): Article 2 (Definition of Terms): (1) The term "POS system" is a abbreviation of the "POS system"; (2) the computer-based equipment that performs efficient store management, systematic customer management, etc.; and (3) the service that approves credit cards, mail cards, etc. and vicariously notifies/purchase to credit card companies, the National Tax Service, banks, etc.; and (5) the service that notifies/purchase to credit card companies, the National Tax Service, and the other agencies, etc.;

1. Installing hardware and software at a designated place;

3. Maintenance and repair of the POS system;

4. Development of the ASP services and food materials order system (Scope of application) ① Construction of the POS system necessary for the operation of the Plaintiff’s franchise store. ② Development of the WEB materials order system necessary for the Plaintiff’s operation of the franchise store. ③ Development of the WEB materials order system necessary for the Plaintiff’s operation of the franchise store.

However, if the contract is not notified in writing not later than two months before the expiration of the contract term, the contract shall be extended by one year under the same condition.

Article 7 (Contract Terms) (1) The Plaintiff shall achieve the annual number of effective credit cards and the total of 2,880,000 transaction records during the contract period.

(2) Notwithstanding the contract term under Article 6, where the effective number of credit cards generated by the plaintiff and the plaintiff's franchise store falls short of 2,880,000 in total, the contract term for a three-year basic contract shall be automatically extended until the total number of agreements reaches.

(3) Paragraph (2).

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