(영문) 서울서부지방법원 2017.02.02 2016가단24058

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(영문) 서울서부지방법원 2017.02.02 2016가단24058

위약금및손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as stated in Gap evidence Nos. 1 to 4 and Eul evidence Nos. 1 to 3:

On September 21, 2015, the Dispute Resolution Co., Ltd. entered into a credit card inquiry service contract (hereinafter referred to as “instant contract”) with the Defendant, a company operating a retail business with the name of “D,” and instead of paying 50 won per credit card approval, the said company leased one digital signature tag (175,000 won at the market price) to the Defendant without compensation, and instead of paying 50 won per credit card approval, the Defendant would be obliged to use the credit card payment service through the said digital signature tag for 60 months after the first installation, and the main contents of the contract and the terms of use made at the time are as follows:

[Matters of Special Agreement] Article 3 (Contract Terms, Period) of the Terms and Conditions of Use for the Support of 50 won Performance Security (including VAT and Payment on the end of the following month) per paper and A/S Grant Grant Approval

1. A chain store (referring to the defendant; hereinafter the same shall apply) may enter into a contract for the purchase, lease, maintenance and repair of the card terminals, POS and other auxiliarys in Table 2 from the company (referring to the State C; hereinafter the same shall apply).

2. A chain store shall observe the terms and conditions of the contract, installment purchase, lease, free of charge, and maintenance and repair stipulated in the attached Table 3 with the company;

3.During the period of the contract of installment purchase, lease, free of charge, and maintenance Schedule 3, franchise stores shall not be allowed to replace the installment sale, lease, free of charge, card terminals after maintenance and repair contracts with the Company, POS or other similar functions, change them to POS or any additional installation, or use card terminals, POS or any other entity's card terminals in competition with the Company.

Article 4 (Loss of Maturity Benefits)

1. A chain store shall lose the benefit of time from the payment of the installment payments, rent maintenance and repair, and the company shall pay the remaining installment payments, rent, and maintenance and repair in a lump sum:

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