(영문) 서울남부지방법원 2019.08.23 2017가단28751

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(영문) 서울남부지방법원 2019.08.23 2017가단28751

기계임대료 등

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1. The Defendants shall jointly and severally serve as the Plaintiff KRW 122,103,357 and as a result, from June 11, 2019 to August 23, 2019.

Reasons

1. The Plaintiff is an agency entrusted with the credit card settlement approval (VN, a set of “VN”) business of Company E (hereinafter “stock company”) with the name of “D” (hereinafter “VN”), and engages in the retail business of a device for approval for payment of credit cards (hereinafter “terminal”), and the Defendants operate a gas station with the trade name of “F.”

On November 11, 2015, the Plaintiff: (a) supplied devices necessary for the operation of gas stations operated by the Defendants; and (b) paid KRW 70 per credit card transaction to the Defendants; (c) entered into a contract with the Defendants to use the devices, etc. for a contract period of 36 months; and (d) entered into a contract with the Defendants for “the POS sale free lease, maintenance, repair, and service contract” (hereinafter “instant contract”); and (c) the main contents are as follows.

Article 3 (Terms of Contracts, Terms of Time)

3.In the case of installment purchase, lease, free of charge, maintenance and repair, member stores shall not use card terminals of similar functions, POS and access services during the contract period.

Article 10 (Cancellation of Utilization Contract) A (Plaintiffs, hereinafter the same shall apply) even before the expiration of the contract, shall request correction with a grace period of ten days fixed to B (Defendants, hereinafter the same shall apply) in any of the following cases even before the expiration of the contract, and if B fails to comply therewith, the contract may be terminated:

(1) (1) If the contract is terminated by itself, 11 (2) shall be liable for all the return of the subsidized product supplied by the company and for damages for the following items.

1.B shall compensate for the value of the product in the event of the termination of the contract under Article X;

2. Monthly user fees: A person who compensates for usage fees exempted or discounted on condition that a contract is performed;

(c) Business subsidies (cash or goods subsidies, etc.): He/she shall compensate for business subsidies agreed upon by A during the contract period, which are paid to A;

4. The Party B established all goods free of charge.

F.B.

유사 판례

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-서울남부지방법원 2019.05.30 2018나2313

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