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(영문) 인천지방법원 2016.08.31 2016나51491
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

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 “C pharmacy” in Suwon-si B.

B. On June 12, 2014, the Defendant concluded a contract for the lease of credit card terminals and other supplementary equipment with the Plaintiff (hereinafter “instant contract”).

C. The main contents of the Plaintiff’s service terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 3 (Conditions for Establishment and Terms of Use) A franchise store may use all or part of the device during the period of use (use fees, maintenance and management, automatic payment service for credit card sales proceeds, digital signature service, CDMA communications fees, free of charge). If a contract is terminated due to a cause attributable to a franchise store, a franchise store shall pay to the company in lump sum by applying the whole amount from the date of use to the date of termination of the contract (the period of compulsory use) by applying the penalty to the contract, even if the contract is terminated due to a cause attributable to the franchise store.

The amount of redemption shall be the amount of damages as referred to in Article 7, and all civil or criminal objections shall not be raised.

(4) The company shall provide the entire services under Article 4 (1) without compensation and during the lease of the monthly and special terms and conditions for the lease (five years for compulsory use) of a device, and shall provide the special terms and conditions for each month [number of approval each month] x [number of months] x (type of service and method for payment of charges) 11,000 won in the service charge table 11,000 won in the service charge table (monthly payment) / 200 won in the 11,000 won in the service charge table / monthly 300 in the 11,000 won in the 111,000 won in the 4 automatic payment service (DC) service/ monthly 4,000 won in the 5 electronic signature (DESC) service (DESC) service, 50 won in the 5th of June / June 11,000 in the credit card merchant agreement].

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