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(영문) 서울남부지방법원 2019.08.16 2018나66829
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) provides services, such as the provision of online services related to credit cards, off-line services, etc.; (b) recruit credit card member stores; (c) providing services, such as the provision of credit cards and other points cards; and (d) leasing/management of cash receipt equipment using the computer of credit card companies, etc. and credit card holders, etc.; and (d) providing online services related to credit cards, off-line services; and (d) soliciting credit card member stores; and (d) providing online services; and (e) providing services, such as inquiries, approval services, and additional communications services related to cash receipt using the computer of credit card companies, etc. established between credit card companies, etc. and credit card merchants; and (e) obtaining profits by receiving fees per case from VN companies and credit card companies depending on the number of credit card sales; and (e) the Defendant concluded a franchise agreement on the operation of

B. On June 5, 2014, the Plaintiff entered into an agreement on the lease of equipment for the supply of VN services with F.

Since then, according to the agreement between the plaintiff and F, F transferred F's contractual status to the defendant.

C. On December 15, 2015, the Plaintiff entered into a contract with the Defendant for the term of the contract by setting the term of the contract as 31 months from the date of entering into the contract (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

(Article 4 Section 2, 6, 7, and 6 Section 3 with respect to penalty in each of the following provisions is referred to as "the penalty clause of the instant case"). Article 4 [POS (POS (POFS terminal: a combination of cash register and computer terminal functions) and the information management system at the time of sale.

(i) lease, maintenance and repair under an agreement;

1. The Plaintiff agreed to lease equipment such as Appendix 1 on the condition that the Defendant does not violate this Agreement.

2. Where the Defendant breached this Agreement prior to the expiration of the term of this Agreement, on the basis of the unit price of Appendix 1 for the equipment leased under the Agreement under paragraph 1 of this Article.

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