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(영문) 수원지방법원 2018.04.06 2017나14861
청구이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

Basic Facts

From February 2013 to December 2015, the Plaintiff operated a retail company of sports goods with the trade name “C” (hereinafter “Plaintiff company”), and the Defendant is operating a store of card terminal devices with the trade name “D” from February 2013 to February 2013 (hereinafter “Defendant company”).

Equipment provided by the defendant: I-1500 Samp (amounting to KRW 1,980,00) and C-9100 terminal (amounting to KRW 396,00): 550 management expenses: 11,000 (monthly) and the period of compulsory use: From August 25, 2013 to August 28, 2016 (36 months) and from August 2016 if the number of monthly contracts falls short of the number of reasons for termination of a contract: the plaintiff agrees to arbitrarily recover the equipment provided by the defendant company and does not raise any objection.

On August 29, 2013, the Plaintiff used the representative position of the Defendant Company and concluded a contract for lease, maintenance, and use (hereinafter “instant contract”) with the Defendant Company through E (the external third village of the Defendant Company), which was in charge of the Defendant Company’s business. The Plaintiff leased and used the card terminal equipment (hereinafter “instant equipment”) from the Defendant Company.

(Evidence A 1 to 3) The above contract (Evidence A 3) includes the terms and conditions of the contract as follows:

From around that time, the Plaintiff expressed his intent to terminate the instant contract to E on December 18, 2015, using the instant equipment (including cash storage) installed by E in the Plaintiff Company, and returned I-1500 sets out of the said equipment.

On July 1, 2016, the Defendant’s total sum of KRW 660,00 for the Plaintiff’s additional fee of below the monthly agreed number of use (50 items) as specified in the instant contract, and KRW 1,250,000 for the unpaid Pos equipment (Monitoring 90,000, KRW 100,000 for the check-keeping (cash storage), and KRW 250,000 for the auxiliary device).

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