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(영문) 서울남부지방법원 2018.04.20 2017가합576
손해배상(기)
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 699,911,105 and the Defendants A from May 24, 2016.

Reasons

1. Basic facts

A. The Plaintiff’s position 1) The Plaintiff is a company that operates a business that receives VN commission from VN (VL) companies in accordance with the number of credit card approvals by providing a credit card merchant with a device and managing it to the credit card merchant, and C (the trade name before the change is referred to as “D”).

(A) On July 1, 2012, the term “VN agency contract” (hereinafter “instant agency contract”) signed between the Plaintiff and the Plaintiff on July 1, 2012 on the sales and installation of credit card terminals and A/S, the vicarious execution of storage and management of application documents for credit card settlement services of the Plaintiff, and the inducement and support for the conclusion of the contract for the VN service between the

(2) Defendant A was registered as the representative of the business of Defendant C, and Defendant B jointly and severally guaranteed the obligations of Plaintiff C under the instant agency contract.

B. According to the instant agency contract, the Plaintiff entered into a specific agreement on February 1, 2014; June 26, 2014; January 5, 2015; March 23, 2015; and October 19, 2015; and the Plaintiff entered into a credit card transaction agreement to set the target number of approvals for the credit card transaction to be achieved by the agency within the installation period (the period of attracting member shops); and the Plaintiff first paid VN fees to C on the premise that the said goal is achieved.

Terms and conditions of approval for transactions with credit cards on 2.1: VN charges (including value-added taxes) paid prior to the date of payment of the agreed period of 2.3.1.2.2.2.1: from March 1, 2013 to January 31, 2014; KRW 132,00,000 on February 21, 2013; KRW 70,000 on June 26, 2014; KRW 20.3.5.6.4.2.0 on May 1, 2014 to April 20, 2015; KRW 20.5.6.4.5.6.4.6.20 on May 1, 2014 to June 30, 2015; KRW 205.4.5.20 on May 1, 2014; and KRW 600,000 on June 17, 2017;

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