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(영문) 서울남부지방법원 2019.08.16 2018나67679
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. Basic facts

A. 1) The Plaintiff is a corporation operating a credit card-related online, offline service industry, etc., and a credit card merchant is recruited to offer VN service VN service by inviting credit card merchants: Value-added telecommunications service under Article 2 subparag. 12 of the Telecommunications Business Act, which is an additional telecommunications service related to inquiries, approval, and cash receipt such as credit cards and other points cards by using the computer of credit card companies, etc., constructed between credit card companies, etc. and credit card merchants. The Plaintiff is a company providing services, such as provision of credit card services and leasing and managing credit card settlement equipment. 2) The Defendant is a franchise store owner who entered into a franchise agreement with C Co., Ltd. (hereinafter “franchise”).

B. On February 24, 2014, the Plaintiff entered into a contract with the Defendant for the supply of VN services and the lease of equipment.

(hereinafter “instant contract”). The main contents relating to the instant case are as follows:

Article 4 Section 2, 6, 7, and 6 Section 3 of the Agreement on the Supply of Services for Penalty and the Lease of Equipment in the case of the following provisions; hereinafter referred to as "the aggregate of the provisions of Article 4 Section 2, 6, 7, and 6 Section 3 of the Agreement

1.A shall lease equipment such as Appendix 1 on condition that D does not violate this Agreement.

2.D shall purchase to A equipment leased under the arrangement under paragraph 1 of this Article on the basis of the unit price in Appendix 1 if it has breached this Agreement prior to the expiration of the term of this Agreement.

6. The sales slips required for POS Syem shall be identical to the effective number of credit cards in the preceding month, and the details of support shall be proved through a separate confirmation document. If D breaches this contract prior to the expiration of the contract term, it shall return the sales slips received to A.

7. POS Symm’s first installation service cost of KRW 150,000 (VAT) and the receipt cost of card company documents by proxy 800.

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