(영문) 부산지방법원 2017.09.29 2017나1612 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.09.29 2017나1612

물품대금등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, under the trade name of “C”, is an agent entrusted with the business of approving the settlement of credit cards (VN, valsed Matwork, hereinafter “VN”), who runs a terminal for approval of credit card settlement (hereinafter “terminal”) and peripheral devices service business, and the Defendant is a person who runs the agricultural and fishery products sales business in the trade name of “Dar”.

B. On January 24, 2013, the Plaintiff entered into a contract for supply of the POS and peripheral devices (hereinafter “POS and the contract related thereto”) with the content that the Defendant and the Defendant would supply the devices, etc. necessary for the operation of the marina for seven years. The main contents of the instant contract are as follows.

POS and peripheral equipment supply contract: Plaintiff B: The term “POS and peripheral equipment supply contract” under Article 1 (Definition of POS and peripheral devices supply contract) of the Defendant refers to the supply of “POS and peripheral devices” owned by “A” to “B”, while performing the service of maintaining and repairing the performance of POS equipment under normal conditions, and Party B pays management fees to Party A.

Article 6 (Period of Contract and Validity of Contract) (1) This contract shall become effective on the date on which both parties sign and seal the contract.

(2) The term of the contract shall be seven years. If the term “A” or “B” does not notify in writing one month prior to the expiration date of the contract, the term shall be deemed automatically extended for one year from the expiration date of the contract.

Article 8 (Termination of Contracts) "A" may terminate all or part of this Agreement in any of the following cases:

1. When the “B” delays the payment of management expenses;

2. When the term "B" violates the terms and conditions of a contract;

3. The “B” arbitrarily replaces the credit card transaction approval service without the consent of “A” 4.

유사 판례

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