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(영문) 서울중앙지방법원 2019.10.16 2019나19282
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a restaurant in the name of “C” and “E”, and the Defendant’s wife F is a person who operates a restaurant in the name of “G” and “G” in the name of “C” and “E”. The Defendant’s wife F is a person who operates a restaurant in the name of “G”.

B. On March 17, 2014, the Plaintiff entered into a contract with the Defendant to provide VN services and credit card settlement equipment, etc. to the Defendant “C” and “G”, and the main contents are as follows.

The purpose of this contract is to prescribe all matters, such as the delivery, installation, return, etc. of products following the free use of the plaintiff's products requested for lease by the defendant.

Article 3 (Time and Place of Establishment) The Plaintiff shall install “products” at the place of business designated by the Defendant within the time after mutual consultation is held after entering into the contract.

Article 4 (Conditions for Establishment) (1) The defendant shall not suspend the use of the "products" installed by the plaintiff within the term of contract prescribed in Article 6, replace them into other products and install additional ones, and guarantee them under this Agreement.

Article 6 (Period of Contract) The term of a contract for the use of the product shall be five years after the establishment of the product, and if there is no separate declaration of intention by the plaintiff or defendant one month before the expiration date, the contract shall be automatically extended every one year, and the plaintiff shall notify the defendant of the expiration date and the automatically extended matters two months before the expiration date of

A defendant shall make a written declaration of intention at the time of termination.

Article 11 (Standard for Product Price) Item 2 POS Program 2.20,000 won 2 POS 1,800,000 won per unit price for each item 300,000 won for the main POS program 300,000 won for installation and other services 200,000 won for each item 4,36,000 won for each 1 total 4,300,000 won.

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