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The Defendants shall jointly and severally serve as the Plaintiff KRW 645,760,416 and as a result, from April 16, 2019 to October 16, 2020.
Reasons
1. Basic facts
A. 1) The Plaintiff is a credit card value-added network provider (hereinafter “VN provider”).
2) Defendant B Co., Ltd. (hereinafter “Defendant B”), as the Plaintiff’s agent, offered electronic settlement services for credit cards, etc., and conducted business of selling and lending credit card settlement terminals, etc.
3) Defendant C is the representative director of Defendant B. (b) In the event that a credit card payment is made by means of a device of a VN operator installed in a franchise store with the Plaintiff and Defendant B, the credit card company shall pay a certain amount per settlement or a certain percentage of the settlement amount to the VN operator as the fee.
2) A VN business entity directly or through an agency (a franchise solicitor under the Specialized Credit Financial Business Act) recruits and manages a franchise store to use a device. On September 5, 2016, the Plaintiff and Defendant B entered into an agency contract with the effect that “Defendant B, as the Plaintiff’s agent, recruited a franchise store to use the Plaintiff’s device, maintained and managed the device installed in the franchise store, and the Plaintiff pays a fee to the Defendant in return for the recruitment” (hereinafter “instant agency contract”), and the contract is called “instant agency contract.”
(2) The terms and conditions of the instant agency contract are as follows. Article 23 of the instant agency contract (Cancellation of the instant agency contract) are as follows: (2) The Plaintiff may terminate the instant agency contract without any peremptory notice in any of the following cases:
5. Where the defendant B violates all or part of this contract;
6. Where Defendant B’s intentional or negligent act inflicted damage on the Plaintiff
C. The Plaintiff and Defendant B entered into an agreement to promote marketing, etc.