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(영문) 광주지방법원 2018.05.18 2017나4443
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates the POS and the card terminal C for the purpose of installing, operating, and selling the POS and the card terminal, and the Defendant is a person who operates the cafeteria located in B/L and the first floor.

B. On March 4, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff to lease the Plaintiff’s 1 set of Pos (POS devices), 1 set of Pos (POS devices), 2 set of Pos (POS devices), 1 set of wraps, and CID1 set of devices (hereinafter “Posing devices, etc.”). The main contents of the agreement are as follows.

POS/Credit Card Lease Contracts - Rent 132,00 won per month, 132,00 won per month, 400 or more of the approval number of credit cards and physical card, 132,000 won per 40 or more, and 132,000 won per 40 or less, - Non-Support for a period of less than 132,00 won - The defendant shall not suspend the use of the products installed by the plaintiff within the lease period, replace and install the products leased by the plaintiff to other products with similar functions, and shall ensure this contract.

(2) The defendant shall pay the fees to the plaintiff on the front of lease.

(3) When the number of approval is contracted, it shall be calculated from the first day of the month following the establishment thereof to the last day, and the withdrawal shall be made from the defendant's card payment passbook.

(5) Where a ground for termination of a manufacturing contract within the rental period exists, the defendant shall comply with Article 9.

Article 5 (Lease Period) (1) The lease period of a product shall be three years from the date of its installation.

(2) The term of lease shall be automatically extended by 30 days before the expiration of the term of lease, without any separate opinion by the defendant.

Article 8 (Cancellation of Contracts) The plaintiff may, even before the expiration of the contract, request the defendant to correct the contract with a ten-day grace period set forth in any of the following subparagraphs, and may terminate the contract if the defendant does not comply with the request:

(1) Where the defendant intentionally suspends the use of a product for at least ten days, ② the defendant transfers the product to a third party, ③ the defendant transfers the product to the same third party.

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