logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.01.17 2017가합33353
기타(금전)
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 800,000,000 and 6% per annum from March 4, 2016 to January 17, 2018.

Reasons

1. Facts of recognition;

A. On February 22, 2016, the Plaintiff entered into an agency agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”); and on February 25, 2016, a business support agreement under the agency agreement (a combined between the above agency agreement and the sales support agreement; hereinafter “instant contract”); and around that time, the Plaintiff was jointly and severally guaranteed the Defendant Company’s obligations related to the instant contract by Defendant B.

① The Plaintiff leased a credit card device to the Defendant Company, and pre-paid the agreed-upon subsidy of KRW 1,100,000,000.

(2) The defendant company shall establish the terminals that the plaintiff leased from the plaintiff in the franchise store by recruiting the franchise store.

The period of installation of a terminal shall be from March 2016 to September 2016.

3. A defendant company shall create 500,000 credit cards each month from the end of the period of installation of a device and 1,000,000 credit cards each month from the end of the period of installation of the device until one month prior to the expiration of the period of installation.

④ In the event that the Defendant Company did not perform its duty as stated in the above paragraph (3), the Defendant Company shall return the agreed-upon subsidy corresponding to the number of insufficient cases to the Plaintiff, and shall pay the medical fees calculated as follows:

Contract fees = Amount calculated by the ratio of 6% per annum from the following day to the return date of contract subsidies corresponding to the number of shortage from the payment day to the contract subsidies paid by the plaintiff to the defendant company.

B. On March 3, 2016, the Plaintiff paid Defendant Company KRW 1,100,000,000 for agreed subsidies, and on September 2, 2016, the period of installation of the instant terminal under the instant contract with the Defendant Company was changed from March 2, 2016 to February 2, 2017.

C. As the number of credit card transactions did not occur at all until January 31, 2017, which was one month before the expiration of the changed period of installation of a device, the Plaintiff cancelled the instant contract on March 21, 2017 on the ground of the Defendant Company’s nonperformance of obligation.

The above notification was sent to the defendant company on March 22, 2017.

arrow