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(영문) 서울남부지방법원 2018.01.23 2017가단207745
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from January 6, 2017 to January 23, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating the wholesale and retail business chain, such as credit card companies, etc., and the Defendant is a person operating the “E gas station” in the racing-si.

B. On February 15, 2016, between the Defendant and the Defendant, the Plaintiff installed three IC card terminal terminals, three e-mails, and one Internet sharing machine (hereinafter collectively referred to as the “instant equipment”) at the Defendant’s gas station, and applied 50 won per card approval case to the Plaintiff as rebates. The Defendant used the instant equipment for 48 months, and concluded a contract for the use of credit card table and license service with the content of processing the approval procedure for credit card sales using the Plaintiff’s service (hereinafter “instant contract”). At that time, the Plaintiff installed the instant equipment at the Defendant’s gas station.

C. The main contents of the instant contract are as follows.

Article 3 (Terms and Terms of Contracts)

1. A chain store may use the card terminal, POS or any other installment purchase, lease, free of charge, maintenance and repair contract from the Company.

2. A chain store shall observe the terms and conditions of the contract concluded and entered into between the company and installment purchase, lease, free of charge, and maintenance and repair;

3.During the contract period of installment purchase, lease, free of charge, and maintenance Schedule 3, franchise stores shall not replace the installment sale, lease, free of charge, card terminals after maintenance contracts with the company, POS or other similar functions, change them to another card terminal, POS or any additional installation, or use card terminals, POS or any other entity's card terminals in competition with the company.

4. A chain store shall pay the installment amount of terminal devices under an agreement and a contract made with the company each month, rents, and maintenance and repair fees by automatic transfer in attached Table 4, and shall be five years, if no special agreement is made;

5. The contract term is the period specified in Table 3, and the plaintiff and the defendant shall terminate the contract in writing one month prior to the expiration of the contract term.

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