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Reasons
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(영문) 부산지방법원 2017.09.20 2017가합40774
위약금 등
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff, under the trade name of J, runs a service business of the POS terminal and peripheral devices (hereinafter referred to as “POS equipment”), including the POS terminal and peripheral devices, for the settlement of credit cards, and the Defendants operate MOS equipment.

The Defendants, as of the date of concluding a contract, Category B B B, B, operated by the Defendants, on November 13, 2014, K 2C 2 C, on December 4, 2014, L 3D 4D 4E on January 10, 2015, and Mmat 4E 5 FF 5 on January 15, 2014, December 28, 2014, and on August 21, 2014, Pmate 7 H 7H 18 IE on September 27, 2014.

B. The Plaintiff entered into a contract with the Defendants to supply the POS equipment to marina operated by the Defendants (hereinafter “each of the instant supply contracts”) on the day of each contract indicated below, and around that time, supplied the Defendants with the POS equipment.

Article 1 (Definition of POS Equipment Supply Contract) The term "POS Equipment Supply Contract" means the supply of POS Equipment owned by "A" to "A," while performing services to maintain and repair the performance of POS Equipment in normal conditions, and Eul pays management fees to A.

Article 6 (Period of Contract and Validity of Contract) (1) This contract shall become effective on the date on which both parties sign and seal the contract.

(2) The term of the contract shall be seven years. If the term “A” or “B” does not notify in writing one month prior to the expiration date of the contract, the term shall be deemed automatically extended for one year from the expiration date of the contract.

Article 8 (Termination of Contracts) "A" may terminate all or part of this Agreement in any of the following cases:

1. When the “B” delays the payment of management expenses;

2. When the term "B" violates the terms and conditions of a contract;

3. Where “B” arbitrarily replaces a credit card transaction approval service without the consent of “A”;

4. Where “B” intentionally suspends the use of the POS equipment for at least one week.

5. Where “B” arbitrarily transfers POS equipment to a third party;

6. “B” at will.

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