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(영문) 창원지방법원 2015.09.25 2015가단9083
약정금
Text

1. The defendant shall be jointly and severally with the plaintiff 42,00,000 won and the interest thereon from April 15, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 26, 2014, the Plaintiff entered into a contract for the use of POS SYSTM & VN services (hereinafter “instant service contract”) with the Defendant and B (hereinafter “Defendant, etc.”) (hereinafter “Defendant, etc.”) with the trade name “C” as follows:

(1) The Plaintiff shall provide the Defendant’s headquarters and branch office with VN services (credit card, physical crow card, Cash Receipt, etc., and inquiry service).

② The Plaintiff shall pay maintenance fees to the Defendant, etc. under the conditions to observe the period of compulsory use and maintain the number of monthly approvals, and the obligation to pay maintenance fees shall lapse at the time when the contract expires when complying with the period and number of contractual terms.

③ If the Defendant, etc. fails to observe the mandatory use period or falls short of monthly agreed terms without any cause attributable to the Plaintiff, a statutory interest (20% per annum) on the refund of the maintenance fee and the total period paid by the Plaintiff shall be paid retroactively from the time of the initial conclusion of this contract.

(4) The term of the contract shall be two years from November 26, 2014 to November 26, 2016 (24 months), and the defendant, etc. shall, within the term of the contract, obtain the plaintiff's VN service from the workplace of the defendant, etc.

B. Around December 1, 2014, the Plaintiff paid maintenance fees of KRW 30 million to the Defendant, etc., and the Defendant, etc. suspended C’s business around March 11, 2015 and did not use the Plaintiff’s VN service thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the defendant et al. did not comply with the period of compulsory use under the service contract of this case without any cause attributable to the plaintiff. Thus, the defendant et al. as a joint business proprietor operating the business in the trade name of "C" and jointly with the plaintiff 42 million won [30 million won (30 million won x 20% per annum x two years per annum)] and damages for delay.

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