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(영문) 서울남부지방법원 2015.05.28 2014나52600
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following portions ordering payment:

Reasons

1. Basic facts

A. On March 2010, the Plaintiff operating a credit card terminal and receiving a fixed fee for a credit card approval premium. The Plaintiff entered into a contract between the Defendant and the Defendant operating a “B engineer restaurant,” under which the Defendant used the Plaintiff’s credit card VN service with a three-year contract period, and the Plaintiff entered into a contract with the Defendant for free lending of equipment, such as the card terminal, sprink, etc.

After the expiration of three years of the above contract period, on March 13, 2013, the original Defendant entered into a contract for the use of the Plaintiff’s credit card VN services for the following three years (from March 13, 2013 to March 12, 2016). The Plaintiff leased a device, etc. without compensation to the Defendant during the above period, and paid KRW 80,000 to the Defendant under the condition that the number of monthly credit card approvals is maintained 1,200, and the Defendant is liable for damages if the contract is terminated at will within the three-year contract period.

[VN Use Contract] Article 3 The plaintiff shall assist the defendant with the following details:

1. One terminal of an excursion ship (one unit converted into cash, 400,000 won);

2. Packaging one (200,000 won converted in cash);

3. One dedicated ship (one thousand eight-eight thousand won converted in cash).

4. 800,000 won shall be subsidized on the condition that the number of monthly credit cards approved is maintained by 1,200.

Provided, That the defendant has used the plaintiff's access for 36 months.

Article 4

1. The defendant shall assist the plaintiff in Article 3.

2. The defendant shall maintain for 36 months the defendant's monthly card 1,200 cases.

5. The defendant may not alter the user company without the plaintiff's agreement.

Article 5

1. Ownership;

A. The goods provided to the defendant under Article 3 are leased for a certain period, and its ownership is owned by the plaintiff.

2. Compensation for losses;

A. If the defendant voluntarily terminates the contract, the defendant shall pay twice the advance payment and the cash conversion amount of the goods to the plaintiff.

B. The defendant shall enter into a contract at will.

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