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(영문) 서울남부지방법원 2019.02.01 2017가단243925
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff was a company established for the purpose of wholesale and retail business of credit card terminals, etc. and their ancillary business, and operated a business in the form of receiving part of the commission for credit card payments by using the said equipment, etc. for the agreed period instead of supplying distribution companies with equipment such as credit card terminals and pre-scriptives, etc. without compensation.

The defendant is a person who operates a supermarket with the trade name of "C" operated by the defendant.

B. On June 201, the Plaintiff entered into the instant user agreement with the Defendant and entered into a “VOS service and POS import agreement” (hereinafter “instant user agreement”) under which the Plaintiff would be provided with a device to D Co., Ltd. (hereinafter “D”), a credit card provider company, and the Defendant to provide POS equipment, credit card terminal, and VN service, and E jointly and severally guaranteed the Defendant’s obligation under the said user agreement.

The main contents of the instant utilization agreement are as follows.

Article 2 (Support and Settlement Method) “B” shall provide “A (Defendant)” through this Agreement with the following details:

1. “B” means “A” with a total of KRW 30,00,000 (value-added tax) (excluding cash receipts) 20,000 as a condition that the number of credit approval (excluding cash receipts) granted to “A” is achieved, and KRW 30,000 (excluding value-added tax); b) the Internet e-mail sheet (f) the PC 2 PP paper (contract period) Article 3 (Contract Period).

1. This Agreement shall from June 201 to June 2014.

2. Provided, That the contract shall be automatically extended until it reaches its maturity when the case falls short of 20,000 items per month during the contract term 】 36 months = 720,000 items;

Article 4. Roles’s Responsibilities and Obligations

1. “A” shall provide credit card sales services, except in exceptional cases, such as terminal failure, service system failure, or communication circuit failure, where the consent of the use of the service is obtained from “B”.

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