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(영문) 서울중앙지방법원 2017.08.23 2016가단5243828
약정금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B’s KRW 26,56,600 and its related amount from September 1, 2014 to August 23, 2017.

Reasons

1. The main text of the facts is to consider both a principal lawsuit and a counterclaim.

A. The Plaintiff is a company engaged in value-added telecommunications business, etc.; Defendant A is the “Em”, Defendant B is the “Friju station”, and Defendant D is the person who operated the “Griju station.”

B. 1) On October 1, 2013, the Plaintiff: (a) on October 1, 2013, one unit of the card terminal (unit price of KRW 450,000); (b) one unit of the private-samp (unit price of KRW 240,000); (c) one unit of the radio terminal (unit price of KRW 550,000); and (d) corporeal movables listed in the attached list (hereinafter “instant equipment”).

(B) provide free of charge goods, etc. equivalent to KRW 4,732,000 for each credit card settlement, and 60 won for each credit card settlement shall be paid in the following month (25 days before the settlement date; hereinafter referred to as “subsidies”).

(B) On behalf of the Plaintiff, Defendant A uses a credit card payment service provided by the Plaintiff for a period of 36 months (hereinafter “instant one contract”).

(2) On May 28, 2013, the Plaintiff entered into a contract with Defendant B, card terminal, three units (unit price of 396,000 won), three units (unit price of 132,000 won), one unit (unit price of 385,000 won), and one unit (unit price of 385,000 won) with subsidies, and instead of paying KRW 10,000,000 until June 5, 2013, Defendant B entered into a contract for the use of credit card settlement services provided by the Plaintiff for 36 months (hereinafter “instant contract”). At the time of the said contract, Defendant C signed a contract for the use of credit card settlement services provided by the Plaintiff as a joint and several surety by Defendant B.

(3) On August 20, 2013, the Plaintiff provided the Defendant D and the card terminal devices with four units (unit price of 550,000) and four units (unit price of 240,000) with four units (unit price of 240,000) free of charge, and instead of paying 70 won per credit card settlement, Defendant D is obliged to use the credit card settlement services provided by the Plaintiff for 36 months (hereinafter “instant three contracts”).

AB concluded the agreement.

C. According to each contract of this case, the defendants are subject to the contract term.

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