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(영문) 서울서부지방법원 2016.05.27 2015나37249
손해배상(기)
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals (hereinafter referred to as V.V.) and the Defendant has operated a business with the trade name of "B" in Goyang-gu.

B. On July 11, 2012, the Defendant: (a) leased POS devices 1 sets, etc. free of charge from the Plaintiff; and (b) concluded a contract on the use of the B-ISDN service to use credit card transaction approval services using the card devices provided by the Plaintiff for the agreed period of 36 months (hereinafter “instant contract”).

C. According to the terms and conditions of the instant contract, if the Defendant did not use the bareboat service and equipment provided by the Plaintiff during the period of the mandatory contract, he/she shall compensate the Plaintiff twice in accordance with the standard of the details of support.

(Article VII). (d)

From July 11, 2012 pursuant to the instant contract, the Defendant used credit card terminals, etc. provided by the Plaintiff at the above stores operated by the Defendant, and closed down the above stores on or around June 30, 2013, and subsequently the Defendant discontinued the use of the said equipment. On or around November 24, 2014, the Plaintiff notified the Defendant of his intention to terminate the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Since the Plaintiff’s assertion contract of this case was terminated due to the Defendant’s fault, the Defendant is obligated to pay the Plaintiff the damages totaling KRW 6,680,596 (=5,000,000 KRW 300,000, KRW 528,596,000, KRW 1528,596,000) and damages for delay, in accordance with the Plaintiff’s terms and conditions of damages applicable to the contract of this case.

(1) POS terminal: 2,500,000 won x 2 = 2 = 50,000 won x 150,000 won x 2=300,000 won x 2=300,000 won x 12 months x 2 months x 528,00 won x (4) : 76,298 won x 2=152,596 won x 350,00 won x 2= 700,000 won.

3. Determination

A. According to the facts found above, the Defendant’s liability for damages is against the Plaintiff for up to 11 months.

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