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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a business entity that solicits credit card service agencies operated by credit card inquiry service agencies to lease and supply a device equipped with the credit card inquiry function or cash receipt processing function, etc., and the Defendant is a business entity that supplies the device to each member shop.
B. On April 1, 2011, the Plaintiff and the Defendant entered into a contract for VN agency for the purpose of leasing a device free of charge as the Plaintiff’s agency and providing VN service (services services provided by delegation or relay from the card company, the National Tax Service, points company, etc.) with the Defendant as an agency.
C. According to the above contract, with respect to the lease of business policies and terminals, the following provisions are stipulated.
Article 5 (1) The plaintiff shall notify the defendant of his/her business policy one month in writing.
However, if there is a change in the business environment, a change in the credit card company's policy and contractual relationship, or any other change in the internal business operation plan, the plaintiff may change the business policy from time to time by a prior notification of one month.
Article 13(1) In the event of supply of a device under conditional lease, unless otherwise specified by the Plaintiff’s business policy, etc., the agency (the Defendant) promises to generate at least 10 credit cards transactions on an average of 100 units per month from the total device leased without compensation for a continuous period of 36 months from the date of release, and confirms that the device is leased without compensation only when at least 10 credit cards transactions occur each month from each device.
(2) Where a device supplied under conditional terms and conditions does not have the number of credit card transactions agreed during the agreed period, the Defendant shall have the insufficient number of credit card transactions.