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Defendant C shall pay to the Plaintiff KRW 1,296,160 as well as 6% per annum from December 1, 2016 to October 14, 2019.
Reasons
1. Basic facts
A. The Plaintiff is an entrepreneur operating value-added telecommunications business, who operates the so-called VN service business providing credit card transaction approval services and cash receipt transaction services, and Defendant B is a corporation established for the purpose of the franchise store management business, which operates the store store business in the mutual name of “D”, and Defendant C is a franchise store operator operating the “D E”.
B. On January 1, 2014, the Plaintiff entered into a contract between the Plaintiff and the Defendant Company B (hereinafter “Defendant Company”) with the following service contracts (hereinafter “instant contract 1”).
Article 1 [Purpose of Contract] The purpose of this Agreement is to provide for all matters necessary for the use of VN services (other than credit card transaction approval services and Cash Receipt Transaction Services) provided by A (Plaintiffs) (Defendant B).
Article 4 [Terms and Conditions of Contract] 1) A shall pay 30 won per case (including VAT) incentives on the 25th day of the following month for the number of credit card transactions occurring each month during the term of the contract to B, and the 25th day of the following month (on the basis of at least 50,000 of the total store) A shall provide the 50,000 franchise stores.
3) During the term of the contract, Party A shall hold a separate coordination if the reduction of the VN fee is made due to the reasons, such as the change of the policies of credit card companies and upper-tier companies (e.g., NO-CVM / CVM / CV card/ small-sum fees, fees, and). Article 5 [B] performs the following roles: (i) Party B must use VN enterprises designated by Party A without fail.
2) B cannot carry out any other VN contract during the term of the contract with Party A. 3) upon closure of the business or change of name, Party B must immediately cooperate with Party A.
Article 9 (Cancellation, Termination, and Compensation for Damages) 1 A and B may immediately terminate or cancel all or part of this Agreement in writing to the other party when any of the following grounds arises: