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(영문) 서울북부지방법원 2016.04.29 2015가단141950
지원금 등 반환
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 151,106,00 and as to this:

B. The defendant B is jointly and severally with the defendant A.

Reasons

1. Facts of recognition;

A. On December 2014, the Plaintiff entered into an application and a contract for the use of credit card approval services (hereinafter “instant service contract”) with Nonparty D, who operates the “CMaart” as a credit card approving service company, and provided D with subsidies, equipment, etc. under the instant service contract.

o Contract Period: From December 27, 2014 to December 26, 2017, o Contract Terms: (a) lump sum of 1,000,000 items (50 won per case) of the total contract; (b) payment of the following amount under the condition that the number of monthly base dates is complied with 27,777 items; (c) free lease of equipment, etc.: 5,000,000 won (temporary payment): - Free lease of credit card inquiry equipment, 5, electronic signature tag, 5, radio card terminal device, 3, 2, including the receipt reduction method, 4,730,00 won including 4,730,000 won, and 4,730,000O and termination (Article 8) ① Where D unilaterally destroys or suspends the use of credit card equipment and software without prior consent during the contract period without consent.

(2) From to (5) The settlement of damages shall be as follows:

a) omitted. (b) The payment key is double the cost of expendable goods paid by the end of the termination of the subsidy for personnel expenses of equipment costs not recovered (at the time of unilateral termination without any agreement by both parties).

B. Defendant A assumed the “Cat” from the Plaintiff, and Defendant A assumed the obligation of KRW 50 million for subsidies already received from the Plaintiff and KRW 41,646,00 for equipment costs. The instant use contract also was to succeed to the said contract as is, and was drafted again with the Plaintiff on February 2, 2015.

At this time, Defendant B guaranteed the Defendant A’s obligation under the instant use contract.

C. Defendant A unilaterally suspended the Plaintiff’s use of the Plaintiff’s credit card approval services on July 6, 2015 while operating Cmate.

[Grounds for recognition] A(1) through (2)

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