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(영문) 의정부지방법원 2019.01.31 2018나208025
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff, a person operating a broadband (N, VDed Network) agency of the trade name of “C”, is engaged in a business by collecting credit card merchants and leasing and installing a credit card terminal to a member store, instead of managing the installed devices, in accordance with the number of credit card approvals of the member store, the Plaintiff is running a business in the manner of raising profits by collecting fees from the broadband according to the number of credit card approvals of the member store

B. On March 21, 2016, the Plaintiff concluded a service contract under which the Defendant and the credit card merchant sell credit card terminals and supplementary equipment to the said Smarket recruited as a credit card merchant (hereinafter “instant contract”).

The main contents are as follows:

[This Agreement] Article 4 (Terms and Obligations of Supply) (1) The defendant shall not suspend the service provided by the plaintiff within the term of the contract under Article 5 or replace the service with other services for similar functions, and shall ensure that the service provided by the plaintiff is in this Agreement.

Article 5 (Period of Contract) The term of contract of the contract of this case shall be at least 60 months from the date the defendant completed the installation of products or the date of commencement of service.

Article 8 (Compensation for Damages) The defendant shall compensate the plaintiff for losses incurred to the plaintiff, as provided for in Article 4, for all the product prices and support details of the annexed contract.

[Supplementary Contract] Article 1 (Details and Amount of Contract) The plaintiff shall provide the following support in return for the performance of the defendant's contract under the contract of this case.

(2) Details of cash grant: The plaintiff shall settle and pay 60 won per card settlement case (including value-added tax) to the defendant for the first one year, and the minimum of 22 won per case during the remaining contract period (including value-added tax) at the end of each following month.

③ In the event that the Plaintiff does not pay the said money, the instant contract shall be terminated without penalty.

Article 2 (Period of Contract and Extension of Contract)

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