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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 15, 2014, the Plaintiff entered into a contract with the Defendant, who operates a restaurant in the name of “B,” setting a five-year contract period, and entered into a contract for the credit card inquiry service and the license agreement (POS) that the Plaintiff requires the Defendant to lease 1 unit of an wire terminal equivalent to KRW 690,000, and 550,000 to pay 50 won per credit card approval case to the Defendant.
(hereinafter referred to as the “instant contract”). The terms and conditions indicated in the special agreement and the terms and conditions indicated in the back of the contract are as follows:
[Other] The support for each credit card approval (including BC and C, and VAT) for each termination upon closure of business (including VAT), two persons, three persons free of charge (radio, wire, and wire) Article 3 (Contract Terms, Period)
1. A chain store (referring to the defendant; hereinafter the same shall apply) may use the card terminal, POS or other means referred to in Table 2 from the company (referring to the plaintiff; hereinafter the same shall apply) for the installment purchase, lease, free of charge, maintenance and repair contract.
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, and expenses for maintenance and repair in the following cases, and the company may claim the remaining installment payments, rent, and expenses for maintenance and repair en bloc:
2. Where the chain store fails to pay the card terminal POS or other installment payments, rents, and fees for maintenance and repair on three or more occasions;
3. A chain store shall be in violation of this terms and conditions, card companies, POS, and.