(영문) 대전지방법원 2016.06.21 2015가단3997

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(영문) 대전지방법원 2016.06.21 2015가단3997

지원금반환

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The parties' assertion

A. In October 201, when the Defendant attracting new member shop using a credit card device between the Defendant and the Defendant operating the business of Plaintiff C, the Plaintiff entered into a contract on installation of a broadband service and payment of the pre-use fee agreement (hereinafter “instant agreement”) with the Defendant on the condition that the Defendant’s stores are supplied with POS device and the credit card pay to the Defendant for the payment frequency of the credit card that the customer pays to the Defendant. The Defendant does not have the number of target agreements until a certain period, and only the commission amount due to the use of the credit card shall be paid for the period of 36 months after the credit card transaction was reached (the target number of target amounts) and the credit card usage amount at the time of the settlement. However, if the Defendant’s credit card usage amount at the time of settlement falls short of the target (Agreement) number of target amounts, the Plaintiff shall pay the Plaintiff damages according to the compensation criteria.

In accordance with the instant agreement, the Plaintiff paid the Defendant a total of KRW 19,750,000 for the advance payment from December 12, 2011 to March 24, 2013. From April 20, 2012 to September 13, 2013, the Plaintiff paid KRW 10,612,357 for the fee, and the Defendant provided the Defendant’s operating franchise store KRW 38 for the POS device, KRW 29,600,00 for the sum of KRW 20 for the credit card and wireless device.

The plaintiff and the defendant set the number of the first agreement 13,50 cases, the number of the second agreement 11,500 cases, and the unit price of damages 70 won.

However, since August 2013, the actual usage of credit cards was less than the number of contractual terms, resulting in damages, and there was 26,872,811 won of damages from November 2015.

Therefore, the defendant shall pay damages to the plaintiff KRW 26,872,81 in accordance with the agreement of this case and damages for delay.

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