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(영문) 인천지방법원 2016.10.18 2016나53909
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,880,80 and KRW 1,709,400 among them.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells, leases, and manages credit card terminals, and the Defendant is a person who operates a “D pharmacy” in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

B. On March 12, 2013, the Defendant concluded a contract for the lease of credit card terminals and other supplementary equipment (hereinafter “instant contract”) with the Plaintiff by setting the contract term as 60 months.

C. The main contents of the Plaintiff’s service terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 3 (Terms and Conditions of Establishment and Terms of Lease) (1) The term “member shop” shall not suspend the use of any terminal, POS system, and other additional equipment established by the term “company” within the term of the contract, replace them with other products, and guarantee them in this Agreement.

(2) When the “member shop” intends to terminate a terminal, POS system, or other supplementary equipment after completion of the installation thereof, the “company” shall not refund all “establishment costs/contract costs/registration fees/security deposit, etc.”, and shall also pay “liability penalty” determined by the company.

(4) A lease period for a terminal shall be subject to the compulsory use of the terminal during the contract period after its installation.

(5) Even if a contract is terminated for a unilateral reason of "member shop" within the period of compulsory use, rent and maintenance expenses shall be borne by the period of the contract, and may be refunded at a time.

The amount of redemption shall be the amount of damages under Article 7, and all civil or criminal objections shall not be raised.

Article 4 (Types of Services and Methods for Payment of Fees) ① (11,000 won for the use of credit card devices (monthly payment) / monthly 2POS devices / 5,000 won for the 3rd of each month / 11,000 won for the 4-month automatic payment (DC) services / 5,000 won for the 11,000 won for the 4-month automatic payment services / monthly 5 digital signature (DESC) services 16,50 won / monthly 11,000 won for the 6-month radio-type telecommunications rates / monthly 11,000 won for the 11,000 won for the 6-month radio-type telecommunications rates / month 11,000 (special

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