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(영문) 의정부지방법원 2017.07.07 2016가단123464
물품대금
Text

1. The defendant shall pay KRW 5,955,00 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The following facts may be acknowledged by integrating the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 44.

On November 10, 2010, the Plaintiff entered into a contract with the Defendant with the following terms and conditions (hereinafter “instant contract”) with the content that the Plaintiff provides the Defendant with VN services (such as credit card settlement processing, inquiry, cash receipt settlement processing, inquiry, check inquiry, check inquiry, etc. using the POS system) and POS services (sale, inventory management, sales management, etc.).

B. Article 4 (Period of Settlement and Settlement of the Price of Delivered, Matters of Obligations of Franchisees) of the terms of the instant contract (i.e., the Plaintiff) shall make the following concessions subject to the obligations of the franchise store (i.e. the Defendant), and the standards shall be set by the

(1) A company shall lease the POS equipment (amount of delivery: 11.6 million won/see specifications of transaction) to its chain stores without compensation.

(2) Subject to the preceding paragraph, a chain store shall create at least 4,00 credit cards (at least 192,00 units in total) at the place of business of a chain store from November 10, 201 to November 9, 2014 (48 months) at the rate of 4,00 units per month (at least 192,00 units in total), and shall extend the additional six months automatically if the number of approvals of obligations within the agreed period is not met.

Provided, That if a company fails to receive VN fees from a credit card company by concluding a separate special agreement with a credit card company, it shall not be included in the calculation of the number of compulsory agreements.

3. A company leases equipment to a franchise store and uses a credit card and cash receipt settlement service through the designated VN service network of the company, and undertakes that the company will not replace the equipment with another company or the equipment or service network of the same or similar company prior to the completion of the terms and conditions of the agreement or use double installation.

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