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(영문) 서울중앙지방법원 2019.06.12 2018나53681
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The name “D” refers to a network A (hereinafter “the network”) engaged in a credit card terminal leasing business or value-added telecommunications business (VN) under the trade name “D” (hereinafter “D”).

(A) On January 9, 2013, the term “instant contract” is a contract under which the Defendant leases credit card terminals, etc. (hereinafter “instant contract”).

(1) The Defendant’s contract is based on the following: (a) the Deceased’s contract is written only on the free lease of KRW 350,000, and on the free lease of KRW 350,000 to the Defendant, and on the free lease of KRW 10,00,00, and on the free lease of KRW 10,000 to the Defendant; and (b) the period of compulsory use is two years.

B. (1) On January 12, 2012, the Deceased and E Association (i.e., the conclusion of an agreement between the Deceased and E Association) entered into an agreement on contractual terms and penalty, subsidies to be paid periodically by the Deceased to E Association and E member stores of the Association (hereinafter “instant agreement”) in leasing credit card terminals to E Association members.

(2) On May 12, 2014, the Plaintiff’s spouse F, who was granted the right of representation to all the duties related to the contract with the E Association, for the period of February of 2014, was in arrears with the E Association. However, on May 12, 2014, the Deceased’s spouse F, who was granted the right of representation to the E Association, paid the amount of KRW 20,989,047 to the five-month Association advertising expenses until May 17, 2014, shall be paid by the grace period, and if it is not paid, it shall be paid by the grace period.

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