logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.05 2019나50801
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a value-added telecommunications business operator who performs the business of credit card approval relay and purchase of card slips, and is entrusted with the business of soliciting member stores and purchase of card slips by VN business operators (hereinafter “BB agency”), and the Defendant is a company that leased POS equipment from the Plaintiff.

B. On September 1, 2015, the Defendant entered into a contract for the use of A services under the same conditions as the prior contract under which the Plaintiff would pay monthly service fees (hereinafter “instant contract”). At the time of entering into the instant contract, the Plaintiff provided a new POS device, credit card terminal, signature tag, and printer (hereinafter “instant goods”) free of charge to the Defendant at the time of entering into the instant contract with C (hereinafter “C”) for a period of 36 months. After the lapse of the period of use, the Plaintiff leased the POS device for three years and ordered the maintenance of the POS device. On November 14, 2018, the Defendant provided the Defendant with a new POS device, credit card terminal, signature tag, and printer (hereinafter “instant goods”).

C. Meanwhile, the relevant provisions of the preceding contract and the service terms of the instant contract are as follows.

[Prior Contract] Article 4 (Contract Period and Detailed Contents) (1) A member store shall not suspend the use of the products set up by C within 36 months, replace them with other products or install them additionally, and guarantee them under this Agreement.

Article 7 (Compensation for Damages) A franchise store shall pay two compensation for the value of the product immediately after the breach of contract, because it is a serious breach in case of replacing it with another product or installing additional products within the contract period.

Where the service of C is terminated because it is difficult to maintain a store any longer due to the circumstances of the franchise store during the contract period, the franchise store [number of remaining months 】 product price ± product price ±36] (the agreed support cost x the number of months of use) and value-added tax separate damages.

arrow