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(영문) 부산지방법원 2018.11.08 2017가단303560
위약금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that provides a device and its peripheral devices (hereinafter “POS equipment”) for approval for the payment of credit cards and its peripheral devices (hereinafter “POS equipment”) and its A/S to H Co., Ltd and I Co., Ltd. as an agency delegated with the credit card settlement approval (VN, VLDDD) business, and is a company that operates the set. The Defendants are those operating the set.

B. On the date of concluding each of the following table, the Plaintiff and the Defendants concluded a contract to supply POS equipment necessary for the operation of the Defendants to the Plaintiff for the period of each contract under the following subparagraphs, and to provide A/S with equipment free of charge (hereinafter “instant contract”).

J 16.11.247 J. 16.29 Da 15.07.07 K 17.01.06 1,830,000 L. 17.06 3,780,000 L. 17.01.06 3,780,000 L. 16.19,00 M. 17.01,50,000 G 16.17,17.19,000 for 7 October 2012, 2012

C. Of the instant contract entered into by the Plaintiff, Defendant B, D, E, and F, the provisions pertaining to penalty for breach of contract (hereinafter “instant penalty provisions”) are as follows, and the contract with Defendant G was not entered into.

Article 9 (Indemnification Compensation, Penalty, etc.) (1) When the contract is terminated before the expiration date of the contract, the contract shall be paid to A (Plaintiff) the management expenses equivalent to the remaining period and penalty of KRW 100 per case during the remaining period.

④ If the “B” (Defendant) voluntarily terminates the contract or the “B” terminates the contract due to the causes set forth in the subparagraphs of Article 8 above, apart from the panel broadband, the “B” (Defendant) shall compensate for the amount equivalent to twice the consumer price of the equipment (POS equipment) provided by the Plaintiff (Plaintiff).

The Defendants are the Plaintiff’s POS equipment according to the instant contract.

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