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(영문) 인천지방법원 2016.10.26 2016나52289
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Plaintiff is the sales, lease, and controlled entity of credit card terminals, and the Defendant is the person who operates the “D Pharmacy” in Gwangjin-gu Seoul Special Metropolitan City.

B. On January 13, 2014, the Defendant leased 2 credit card terminals worth KRW 550,000 from the Plaintiff, 200, 200,200,550,000, and 1 credit card terminals worth KRW 11,000 per month, and was exempt from the management expenses for credit card terminals worth KRW 5,000 per month, and 30 won per case of approval was paid with business subsidies ("defab") instead of paying 1,00,000 per case. In the event that the Plaintiff used the credit card transaction approval service with the card terminal provided by the Plaintiff for five (5) years in the agreed period, suspended the use of the credit card, or replaced with the equipment of another company, the Defendant concluded a contract with the Plaintiff for full-time damages including business subsidies, management expenses, equipment amounts, etc. x monthly average 110 x 18 months x 18 months (hereinafter referred to as the "services service contract of this case").

C. On January 13, 2014, according to the instant contract, the Plaintiff installed two card terminals, two encloseds, and one printer to the Defendant. D.

From September 2015, the Defendant suspended the use of the card terminal and other products provided by the Plaintiff from around September 2015, installed and used other products, and up to September 2015, the amount of work subsidies paid by the Plaintiff to the Defendant is KRW 42,50 and the number of credit card approvals by the Defendant is KRW 13,387.

[Ground for Recognition - Unsatisfy, each entry in Gap evidence 1 through 7 (including virtual numbers), the purport of the whole pleadings]

2. Determination

A. The Defendant unilaterally reversed the instant contract by installing and using the card terminal of another company that is not the Plaintiff. Accordingly, in accordance with the terms and conditions of the instant contract, the Defendant shall pay the Plaintiff the equipment amounting to KRW 2,550,000, management expenses, KRW 1,650,000, KRW 42,500, KRW 42,50, and KRW 1,346,

B. The defendant.

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