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(영문) 서울남부지방법원 2016.06.30 2014가단64152
지원금반환
Text

1. Defendant (Appointed Party) and Appointed Party B jointly and severally with the Plaintiff, KRW 28,922,997, as well as the aforementioned amount on December 16, 2014.

Reasons

1. Basic facts

A. On June 201, the Plaintiff established for the purpose of the POS equipment and the wholesale and retail business of credit card terminals, and entered into a VOS service and a contract for the introduction of POS (hereinafter “instant user agreement”) with the designated parties B and the Plaintiff with the content that the designated parties would provide POS equipment, credit card terminals, and VN services to C operated by the said designated parties as Schlage. In this case, the Defendant (designated parties; hereinafter “Defendant”) jointly and severally guaranteed the obligation under the above user agreement.

B. According to the instant use agreement, ① the number of credit approval agreements shall be 20,000 per month for 36 months, and the contract period shall be automatically extended until the completion of the contract period if the contract period has expired, and ② the Plaintiff shall pay KRW 30,000,000 (excluding cash receipts) on the condition that the number of credit approval numbers (excluding cash receipts) and the monthly amount of KRW 20,000 (excluding value-added tax) on the condition that the Plaintiff may achieve 20,000 per month, and ③ the Appointor B cannot change the POS and the device installed by the Plaintiff, and without the Plaintiff’s consent, the Plaintiff agreed to compensate twice the subsidies paid by the Plaintiff.

C. The Plaintiff supported B with equipment equivalent to KRW 32,050,000.

The designated parties B reduced the size of Scmarket, but from around 2014, only bedclothes stores have been operated, and until June 2014, the number of credit approval cases using the Plaintiff’s service is 47,052 cases.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, Eul evidence 4-1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The above basic facts and Gap evidence Nos. 5 through 7, and Eul evidence No. 4-5 are discussed at each of the above basic facts upon termination of the instant utilization agreement.

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