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(영문) 인천지방법원 2016.11.30 2016나56595
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 2,828,313 and its interest on October 22, 2015.

Reasons

1. Basic facts

A. The Plaintiff, under the trade name of “C,” is a person operating a credit card terminal, bareboat agency, who leases, manages, etc., and the Defendant is a person operating a hospital in the trade name of “D.”

B. On October 26, 201, the Plaintiff entered into a lease agreement with the Defendant and the Defendant to lease one signature tag equivalent to KRW 550,000, and one signature tag equivalent to KRW 200,000 to the Defendant with a contract term of five years (hereinafter “instant agreement”), and installed a credit card device and a signature tag to the Defendant.

The main contents of the Plaintiff’s terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 3 (Conditions for Establishment and Lease Period) (1) A chain store shall not suspend the use of any terminal, POS system, and other supplementary equipment established by the company within the contract period, replace them with other company's products, and guarantee them in this contract.

(2) When a merchant intends to terminate a terminal, a POS system, or any other supplementary equipment after completion of installation, the merchant shall not refund all of the costs of installation/contract amount/registration fees/security deposit, and shall pay a penalty determined by the company.

(4) A period for lease of a terminal shall be subject to compulsory use during the period of the contract after its installation.

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

The amount to be repaid shall be the damages as referred to in Article 7, and all civil or criminal objections may not be raised.

Article 4 (Types of Services and Methods for Payment of Fees) ① (11,000 won for the use of a credit card device (monthly payment) on the service charge list / 5,000 won for the 2POS terminal use / 11,000 won for the monthly 3rd maintenance and management services / 4 automatic payments (DC) services 11,000 won for the monthly 11,000 won / May 5.

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