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(영문) 서울북부지방법원 2018.09.20 2016가단141872
손해배상(기)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 32,580,000 and the interest rate thereon from August 17, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant C

A. On March 20, 2015, A entered into a service contract on the maintenance, repair, and other services of a credit card investigator with respect to the FM, the representative of E and E on March 20, 2015 (hereinafter “instant contract”).

(2) The main contents of the instant contract are as follows.

Article 3 (Mandatory Matters) The obligations of "A (A; hereinafter the same shall apply)"

a. A must provide a bank service to the chain stores of B (E; hereinafter the same shall apply) through credit card inquiries and Hsts in good faith.

b. A shall provide B with an inquiry flag, maintenance and service, and assist B as follows:

3,00,000 won per store 3,00,000 won per unit of the store card terminal, 170,000 won per unit of the 4EA support, and 350,000 won per unit of the radio terminal 2EA support. b.

A shall provide preferential support to B for a period of 36 months in cash of KRW 30 million (vat separate), provided that A uses vans and pos.

“B”’s obligations

d. Eul shall receive prior support of 30 million won (including vat) and maintain 600,000 won of the card number for 36 months, and if the number of monthly card numbers becomes known to 17,000 won per month, Eul may claim 98 won (including vat) per case in the following month.

f. If B goes bankrupt, becomes bankrupt, or closes its business, promptly recover A’s assistive equipment.

Article 5 (Period of Contract) This Agreement shall take effect from the date on which both parties sign and seal their signatures, the contract period shall be three years, but if there is no notice of change or termination in writing at least one month prior to the expiration date of the contract, the contract period shall extend automatically to one year.

(3) Around April 2015, E discontinued the said Frant and did not return the card terminal, slid, and radio terminal received from A, and died on August 29, 2016.

Defendant C, who solely inherited the network E, was the Cheongju District Court on November 25, 2016, No. 2016-Ma343.

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