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(영문) 서울중앙지방법원 2014.09.05 2013가합559784
수수료등
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells a credit card inquiry terminal in the name of “B”, and the Defendant is a company with the aim of providing credit card information systems and services.

B. Around April 2010, the Plaintiff entered into an agency contract with the Defendant with the content that ① the Defendant supplied the Plaintiff with a credit card steering device, and sold and installed the said device to the Plaintiff, such as oil stations, and provided A/S (hereinafter “instant agency contract”); ② the Plaintiff entered into a contract with the Plaintiff with the content that the Defendant would pay the Plaintiff KRW 12 per case for the CC ms (number of inquiries into credit cards) generated from the device installed as above, including the amount of KRW 12 per case, the amount of expenses for collecting marks, and the amount of incentives.

(A) evidence of heading 2.c.

With respect to “a special agreement on grant and agency commission” as set forth in the preceding paragraph, the Plaintiff entered into a special agreement with the Defendant on January 12, 2012, with the following terms:

(A) No. 4, hereinafter referred to as the “instant special agreement”). Article 1 of the Special Agreement (Contract Number C) [Period of Inquiry into Credit Cards] (Period of Agreement and Agreement] The number of inquiries into credit cards concluded by the Defendant and the Plaintiff are as follows:

① The number of CCTV agreements: 100,000 per month; 3,600,000 total number of agreements for 36 months; and 2. The term of contract until April 30, 2012: the maintenance contract period: Article 2 of the Act from May 1, 2012 to April 30, 2015 / [Support Matters and Penalty] Article 1 of the Act provides the Plaintiff with the following support on the premise that the Defendant has to maintain the terms and conditions of the agreement and the contract period:

(1) The free terminal shall be 100 units on the basis of an excursion ship terminal, and 126,00,000 won for business subsidies.

② Where the Plaintiff is unable to maintain 100,000 per month during the period of obligation maintenance after replacement, the Defendant shall impose 70 won personal interest per month of the shortage in the relevant month.

The imposition of personal news shall be paid monthly to the Plaintiff by the Defendant.

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