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(영문) 인천지방법원 2015.10.16 2015나53575
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 16, 201, the Plaintiff entered into a lease agreement on a credit card terminal, etc. (hereinafter “instant agreement”) with the Defendant operating the D Hospital on December 16, 201, as a business operator who is in charge of leasing and managing credit card terminals, etc. in the name of “C”, and the main content is as follows.

[Contents] Model Name kis-7410 large number of 1 term contract period - 15 years in the number of 15 years in the signature tag of registration of additional equipment for installation expenses for the term of contract - [Attachment of Rental Goods] : 50,000 won: 20,000 won for monthly management expenses (specific matters] for monthly management expenses, and deposit account for 30 won for each credit card approval case: New E B B , Article 3 (Conditions of Establishment) (1) of the Terms and Conditions of Use (Terms and Conditions of Establishment) established by the Company (Lessor) shall not suspend the use of the terminal, POS system, and other additional equipment within the term of contract, replace it with other products, and guarantee this in this contract.

(2) When a chain store intends to terminate a franchise after completing installation of terminals, POS systems, and other supplementary equipment, it shall not refund all the costs of installation/contract deposits/registration fees/security deposit, etc., and shall also pay a penalty determined by the company.

Article 4 (Lease Period and Obligations) (1) The lease period of a device shall be subject to the compulsory use of it during the contract period after its installation.

(2) Even if a contract is terminated for unilateral reasons of a franchise store within the period of compulsory use, rent and maintenance expenses shall be borne by the deadline for the contract and may be redeemed in a lump sum.

The amount of redemption shall be the amount of damages under Article 7, and all civil or criminal objections shall not be raised.

Article 6 (Lease Fees, Maintenance Fees, etc.) (1) A chain store shall determine a rental fee and price for maintenance and management service fees for the use of installation equipment to the company.

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