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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Basic facts
A. The Plaintiffs are business entities that provide credit card inquiry approval services by linking VN, the contractual terms of VN, valthed Lt Network, and relay communications networks between chain stores and credit card companies, and provide additional services, such as transmission of credit sales details, purchase of sales slips, etc.
On April 3, 2012, between Defendant B and the business proprietor, the Plaintiffs entered into a utilization agreement with the content that the said Defendant would provide credit card terminals and bareboat services to the Dart operated by the said Defendant, and that the said Defendant would provide user fees (hereinafter “instant use agreement”). In such a case, Defendant C guaranteed the Defendant B’s obligation under the said use agreement.
B. According to the instant use agreement, ① the number of agreements shall be 360,000 per month, 10,000 per month for 36 months, and the agreement term has expired automatically until the completion of the agreement number, and ② in the case of suspension or closure of business, if the agreement number falls short of the agreed number, the remaining fee of 120 won per each case shall be paid as compensation for damages. ③ Defendant B shall not use the devices of other companies than the devices installed by the Plaintiffs, and ④ Plaintiffs agreed to pay subsidies of 10,000,000 won.
C. The Plaintiffs provided Defendant B with equipment equivalent to KRW 4,000,000, and KRW 6,000,000,000 in cash at the above time.
around April 10, 2014, Defendant B closed down the Mat and decided not to use the services of the plaintiffs. Until then, Defendant B used the services of the plaintiffs 60,337.
E. On October 31, 2014, the Defendants deposited KRW 4,000,000 to the Plaintiffs in the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Defendants’ determination of this case’s defense are the Plaintiff A’s use agreement.