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(영문) 수원지방법원 2016.11.09 2015나5665
손해배상청구
Text

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party’s position: POS POS terminal POS (OF) terminal in the name of “C”: The Plaintiff is the information management system at the time of sale by combining the functions of the cash register with the computer terminal. The sales, lease, and management of a credit card inquiry machine, etc., and related VN service VN service (VN network, one-time additional network): The type of additional telecommunications service under Article 2 subparag. 12 of the Telecommunications Business Act is the inquiry of credit cards and other points cards, approval, and additional telecommunications services related to cash receipt using the computer of VN business operators constructed between a credit card company, etc. and a credit card company, etc.; 2) The Defendant is a franchise owner who entered into a franchise agreement on the operation of D’s store with a subcontractor (hereinafter “franchise”).

3) The term “C” operated by the Plaintiff is a subordinate agency of the Gyeonggi Information and Communications Technology Co., Ltd., the headquarters of which is VN, which entered into an agency contract with the Korea Private Bank Settlement, and is paid fees according to the number of credit card payments approval from the Korea Private Bank Settlement or the Gyeonggi Information and Communications Co., Ltd.

C. The content of the terms and conditions is as follows: C (hereinafter “A”) or “company”.

)The card terminal, POS, and other products sales, lease, free of charge, maintenance and repair, and services (hereinafter referred to as “services”) provided by it are chain stores and contractors (hereinafter referred to as “B”).

(iii)The purpose of the franchise store shall be to explain all the matters necessary for its use and to enter into its obligations and smooth contracts (the terms of the contract, the period of installment purchase, lease, free of charge, and maintenance and repair Table 3, the franchise store shall be the installment sale, lease, free of charge by the company.

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