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(영문) 서울중앙지방법원 2017.10.19 2016가단5299128
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that provides credit card settlement terminals, peripheral devices, and services related thereto, etc. using a value-added telecommunications network (VN, VLDed Network), which is established for the purpose of value-added telecommunications business, etc., and the Defendant is a person who operates a marina in the name of “B”.

B. Around August 13, 2014, the Plaintiff entered into a license agreement with the Defendant to exclusively supply VN services (hereinafter “instant agreement”) with the Plaintiff, and the following is included therein:

(hereinafter referred to as “A” in the contract refers to the Plaintiff, “B,” and “B,” and “A” 1) This contract shall be 36 months from the date of the contract. (4) A may not arbitrarily terminate the contract and alter the terms and conditions of the contract on the grounds of “B” during the contract period.

Article 4 [Terms and Conditions of Contract] 1) B provides that the number of credit card transactions during the contract period shall be at least 216,000 items. 2) If the total number of credit card transactions falls short of 216,000 items, the contract period shall be extended until the fulfillment of the contract period.

Article 5 (Roles's Roles) B performs the following roles:

1) B must use a VN enterprise designated by A without exception. 2) B may not enter into any other VN contract during the contract period with A, and shall provide A with the exclusive operating right for the terms of this contract during the contract period.

Article 7 [Details of Support] A shall provide 14,423,00 won as a subsidy to B for the use of VN provided by A, but 1,463,00 won as a subsidy to B, and 1,463,00 won as a separate subsidy on August 13, 2014, and 12,960,000 won as a separate subsidy on October 6, 2014.

Article 9 [Obligation] 1] B’s obligation cannot be arbitrarily changed to VN within the term of contract with A, and may not be replaced to other products (other VN) or installed additionally within the term of contract. Article 12 / [Damages 1] If B uses VN, the goods and goods provided by A when they violate the terms of the contract for use of VN within the term of contract.

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