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(영문) 부산지방법원 2018.07.25 2017나60437
위약금청구
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.

Reasons

1. Facts of recognition;

A. The Plaintiff’s trade name “C” refers to a credit card and other points card, etc. using the computer of a credit card company, etc. and a credit card company, etc., and additional telecommunications service related to cash receipt using the type of additional telecommunications service as defined in Article 2 subparag. 12 of the Telecommunications Business Act.

VN business operators shall provide the above services (services) and receive fees.

POS equipment POS equipment POS equipment as an agent: A combination of cash register and computer terminal functions is the information management system at the time of sale.

A business operator operating credit card terminals, etc., and the defendant is operating the "E" in Busan Dong-gu D.

B. On May 1, 2015, the Plaintiff entered into a contract with the Defendant to lease the Plaintiff’s POS terminal and credit card terminal and related equipment free of charge and provide related services (hereinafter “instant contract”). The main contents of the instant contract are as follows.

∴ 제품 공급 및 지원 내용(표2) [“갑(원고)”이 “을(피고)”에게 판매 및 지원, 현금지원 한 물품, 부대비용] 제품명 수량 금액 POS 1 2,000,000 카드단말기 1 600,000 180도 스캐너 1 500,000 ∴ 주요 공급조건 및 특약사항을 상기 품목의 공급조건을 아래와 같이 이행하여야 한다

(B) management expenses / ASP / Won / Monthly rent / Number of monthly agreements 1,100 / Year 7 (Terms and Conditions of Contracts, Terms and Conditions of Terms and Conditions of Contracts)

1. A chain store may use the card terminal, POS or any other installment purchase, lease, free of charge, maintenance and repair contract from the Company.

2. A chain store shall observe the terms and conditions of purchase, lease, free of charge, and maintenance and repair contracts under the agreement and contract concluded with the company as shown in the Table 3;

4. A chain store shall be the card terminal, POS.

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