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(영문) 서울서부지방법원 2016.01.14 2015나35083
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Occurrence of liability for damages;

A. On April 4, 2013, the Plaintiff engaged in the sales, management, etc. of credit card terminals: (a) concluded a contract with the Defendant, who operates a credit card terminal on a free basis, to trade, lease, and use VN services (hereinafter “instant contract”); (b) the Defendant agreed to use the credit card transaction approval service through the Plaintiff’s products provided during the said period; (c) replace, install, and use another company’s devices; and (d) compensate the Plaintiff for the amount equivalent to twice the amount of money provided by the Plaintiff for each of the details provided by the Plaintiff.

The Plaintiff installed card terminals, etc. at the hospital operated by the Defendant around that time pursuant to the above contract, but the Defendant voluntarily closed the business around December 31, 2013, and terminated the use of the Plaintiff’s broadband service.

【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings

B. According to the above facts of determination, the defendant violated the agreement to use the credit card device provided by the plaintiff for three years according to the contract of this case. Thus, the defendant is obligated to compensate the plaintiff for damages as prescribed by the above contract, barring special circumstances.

2. Scope of damages.

A. The Plaintiff’s assertion asserts that the Defendant is obligated to pay KRW 1,44,00,00, a total of KRW 722,000 (the card terminal KRW 396,000, 77,000, and 150,000,000 for installation costs, and 99,000,000 for the remaining period of the use of the obligation (11,000 / September) to the Plaintiff according to the agreement.

B. According to the reasoning of the judgment, Gap evidence No. 2, where the defendant violated the contract of this case, the wire card type terminal is 3.60,000 won, the digital signature tag is 70,000 won, and the DC user fee is 11.

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