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(영문) 서울남부지방법원 2020.03.24 2019가단256406
청구이의
Text

1. The Defendant’s decision on the Defendant’s recommendation for execution of the case, including the equipment cost, etc., Seoul Southern District Court 2019 Ghana4274 against the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 29, 2019, the Defendant entered into an agreement between E and E running a restaurant with the Plaintiff on the supply of a credit card device/credit card device and a credit card device and a service use agreement (hereinafter “instant agreement”) under which the Defendant agreed to lease a credit card device with E at least one unit (4.80,000 won), one digital signature tag (1.20,000 won), and one radio frequency method (50,000 won) without compensation for a period of 36 months during which the Defendant is obligated to use the device.

Article 3 (Terms of Contracts, Terms of Time)

1. A chain store may use the card terminal, POS and other equipment from the company under a contract for the purchase, lease, free of charge, and the compensation of the land;

3.A chain store shall not be replaced with card terminals, card terminals, POS or other similar functions, POS or any other entity's card terminals, POS or any other entity in competition with the company during the contract period of installment purchase, lease, free of charge, and maintenance and repair.

4. Where a chain store suspends the use of services of a company before the completion of the contract period, such as the installment, lease, free of charge, contract for maintenance and repair of the card terminal, POS and other equipment, installment, rent, maintenance and repair, and full payment of the contract amount, the contract shall be deemed terminated

5. A chain store shall pay the installment payments of equipment under an agreement and a contract with the company each month, rents, management expenses, and maintenance and repair expenses by automatic transfer, and shall be a basic agreement for five years in cases where no special agreement exists;

Article 5 (Credit Card Terminal, POS, Other Ownerships)

1. Where a chain store uses a card terminal, POS or other installment agreement, lease, free of charge, maintenance and repair contract, and the ownership of the relevant card terminal, POS or other subsidiary, POS or other transaction, and when the merchant has completed the contract period in full and at the time of the completion of the contract period, the franchise store shall notify or return the extension of the contract period to the company;

Article 10 (Indemnification) If one of the parties violates this Agreement on purpose or by gross negligence, the party to the contract.

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