(영문) 서울서부지방법원 2017.02.02 2016가단25747

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(영문) 서울서부지방법원 2017.02.02 2016가단25747

위약금및손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as stated in Gap evidence Nos. 1 to 3 and Eul evidence Nos. 1 to 3:

On July 31, 2014, the Plaintiff entered into a credit card bureau and license agreement (hereinafter “instant agreement”) with the Defendant operating a restaurant under the name of “B,” whereby the Plaintiff and the Defendant enter into a credit card bureau and license agreement (hereinafter “instant agreement”) with the content that the Defendant is obligated to use the credit card payment service through the said device for 60 months after the first installation of the credit card service instead of paying 60 won per credit card settlement. The main contents of the agreement and license agreement entered into at the time are as follows.

[Matters of special agreement] Payment on the end of the following month (including VAT), Article 3 (Terms, Terms, and Period of Contract) of the Terms and Conditions for Use that does not have penalty upon default after the temporary closure of business without compensation

1. A chain store (referring to the defendant; hereinafter the same shall apply) may use the card terminal, POS or other means referred to in Table 2 from the company (referring to the plaintiff; hereinafter the same shall apply) for the installment purchase, lease, free of charge, maintenance and repair contract.

2. A chain store shall observe the terms and conditions of the contract, installment purchase, lease, free of charge, and maintenance and repair stipulated in the attached Table 3 with the company;

3.During the period of the contract of installment purchase, lease, free of charge, and maintenance Schedule 3, franchise stores shall not be allowed to replace the installment sale, lease, free of charge, card terminals after maintenance and repair contracts with the Company, POS or other similar functions, change them to POS or any additional installation, or use card terminals, POS or any other entity's card terminals in competition with the Company.

Article 4 (Loss of Maturity Benefits)

1. A chain store shall lose the benefit of time from the payment of the installment payments, the amount of rent maintenance and repair, and the company shall claim the remaining installment payments, rents, and the amount of maintenance and repair in a lump sum:

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