logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.06.28 2018나58972
손해배상(기)
Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation engaged in the production, sale, lease, maintenance, etc. of related equipment, such as credit card-related online, off-line service industry, and credit card transaction approval inquiry, and the Defendant is a person who engages in retail business, such as credit card terminals, under the trade name of “C”.

B. On August 201, 201, the Plaintiff, the Defendant, and D (hereinafter “D”) provided D Won and the Defendant with a credit card VN service (referring to a credit card approval and inquiry service and sales price automatic transfer service). The Plaintiff and the Defendant agreed with D in exchange for sales commission and extended the member shop using D, and the Defendant entered into a business cooperation agreement with D in order to support the business of the member shop and maintain and repair settlement equipment (hereinafter “instant business cooperation agreement”).

According to the above business cooperation agreement, D decided to compensate D for expected profits calculated by "(the total number of agreements for three years ? the number of achievement x 110 won)" on the condition that the Defendant would achieve the transaction performance of 1,440,00 credit card valid number of credit card holders for three years (40,000 credit card holders per month). The Defendant violated the above support conditions or unilaterally destroys the contract.

C. On August 2, 2011, the Plaintiff and the Defendant: (a) supplied the Defendant with a credit card device; and (b) concluded an agency contract with the Defendant to supply the said device to the franchise store.

In addition, on the same day, the Plaintiff entered into a business support agreement (hereinafter “instant business support agreement”) that stipulates support items, duties, etc. for the Defendant, an agent, while engaging in VN services and credit card inquiry sales and lending business (hereinafter “instant business support agreement”).

According to the instant business support contract, the Plaintiff’s credit card device, recruitment incentive, etc. to the Defendant.

arrow