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(영문) 춘천지방법원 2018.02.07 2017나999
장비대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 4, 2012, the Defendant entered into a management contract with E that operates a terminal controlled entity with the period of contract for 36 months, which combines the POS (information management system at the time of sale that combines the cash register and the functions of a computer terminal) of the trade name “D” located at Ansan-si.

B. On the end of 2014, the Defendant requested E to pay ex post facto remuneration due to a malfunction or error in the POS terminal.

C. E requested the Plaintiff, who operated the POS terminal controlled entity, to accept the contract with the Defendant, in the name of “F”, because it is difficult for the Defendant to manage the business by leaving the distance from the time the Defendant’s restaurant up to the time the Defendant’s restaurant is located.

Accordingly, on December 29, 2014, the Plaintiff visited the Defendant’s place of business, and was signed by the Defendant in the contract for the use of credit card approval system operation and automatic transfer service (hereinafter “instant contract”) with the following contents as follows: (a) the Defendant was installed with spos I-1500 equipment and devices (hereinafter “instant equipment”) and the Plaintiff brought about from the Defendant’s employees G, and the Plaintiff was printed with the fluor text in the fluorial letter (However, the part “10 won when the date, details of the equipment,” and the part “less short” is written).

Article 1 (Purpose of Contract) The purpose of this Agreement is to prescribe all matters concerning the delivery, installation, and return of goods following the free use of the goods of “A” applied for by “B”.

Article 4 (Contract Terms and Conditions and Equipment Possession) 1) “B” shall not replace “B” with any other device during the term of the contract or use any other similar device. (Application of Article 7) “B” shall be entrusted to “B” for the management of credit cards, cash receipts, and other similar transactions arising from the place of business.

The ownership of 3 equipment shall be "A" and shall be the term of the contract.

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