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(영문) 인천지방법원 2017.07.21 2016나64503
손해배상(기)
Text

1. Of the judgment of the first instance, KRW 2,906,480 against the Plaintiff among the judgment of the court of first instance, and its related thereto, from August 17, 2016 to July 21, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of selling and managing credit card terminals, and the Defendant is a person who operates a pharmacy in the name of “B pharmacy” in Busan Shipping Daegu.

B. On May 1, 2015, the Defendant concluded a contract with the Plaintiff to use credit card terminals and VN services for three years.

(hereinafter “instant contract”). C.

The main contents of the contract of this case are as follows.

Article 3 (Conditions of Use of Services)

A. The Defendant shall use the VN services and rental equipment provided by the Plaintiff during the period of a mandatory contract.

B. The Defendant cannot conclude a service contract with a third party, which is similar to this contract within the period of a mandatory agreement.

Article 5 (Service Charges)

A. The Defendant shall pay the Plaintiff the user fee of KRW 11,00 per month to the Plaintiff in using the Plaintiff’s VN service.

(b)N service charges shall not be paid upon compliance with the period of the mandatory contract (Provided, That a claim shall be made under subparagraph 8 or subparagraph 8 before the termination of the contract). Article 7 (Termination of the Contract)

A. If the defendant violates Article 3, the plaintiff shall set a grace period for one week and request correction, and if the defendant fails to comply with the request, he/she shall be liable for damages under Article 8.

Article 8 (Standards for Compensation for Damages) Where the Defendant violates the provisions of Articles 3 and 6;

A. The Defendant shall compensate the Plaintiff twice the monthly payment for the cost of the leased equipment (such as the signature tag, etc. of the terminal) cost (the exempted month) for the DC user fee (the exempted month).

B. The defendant is a family.

In addition to paragraph (d), the amount of monthly average number of cases of use 】 110 won 】 remaining months shall be compensated for the Plaintiff.

The Plaintiff provided VN services to the Defendant after having provided the Defendant with the device or signature tag free of charge, and established it at the pharmacy operated by the Defendant, but did not receive service fees from the Defendant, and instead, monthly work subsidies are provided to the Defendant.

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