(영문) 서울중앙지방법원 2015.12.04 2015나25760

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(영문) 서울중앙지방법원 2015.12.04 2015나25760

손해배상(기)

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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. On March 25, 2014, the Plaintiff and the Defendant entered into an agreement on the provision of credit card terminals and additional information and communications services (VN services) with the Defendant that the Plaintiff would provide the Defendant with a credit card device and additional information and communications services, and during the period of use, the Defendant would pay the Plaintiff the user fee and additional services fee (Cms) (hereinafter “instant agreement”).

B. The main contents of the contract in question (from the following to the “instant contract”) are as follows:

(A) The term “A” and “B” are the Defendant. Article 2 (Ownership and Use Right of Goods) The ownership of the goods under this Agreement is against “A”, and the right to use is against “B”.

Article 4 (Contract Terms and Conditions of Installation) (1) The term "B" shall not suspend the use of the products installed by "A" within 36 months, replace them with other products or install them additionally, and shall guarantee them as this Agreement.

(C) Article 5 (Maintenance and Repair and Lapse of the Contract at the time of replacing the Products) “B” shall maintain the leased equipment as a good manager, and in the event of a manufacturing defect or natural breakdown within the warranty period, “A” shall be repaired without compensation.

Article 7 (Termination of Contract) "A" shall, even before the expiration of the contract, request "B" to take a ten-day grace period and make a request for correction in any of the following cases, and where "B" fails to comply therewith, the contract may be terminated:

(3) In cases where "B" uses other company products, "B" referred to in Article 8 (Indemnification) uses other company products within the term of contract shall be deemed serious breach of contract, and thus two compensation for the value of other company products shall be paid immediately upon breach of contract.

Product value of leased goods (value-added) : One credit card terminal (550,000 won per credit card terminal) and 240,000 won per private person

C. The Defendant concluded the instant contract through B, a representative, and B at the time of the instant contract.

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