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(영문) 대전지방법원 2016.11.03 2015가단228284
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a business entity that provides credit card inquiry approval services by connecting the Plaintiff’s VN, the Plaintiff’s franchise store with the Plaintiff’s VN, the contractual terms of the valthed Nt Network, and the relay communications network between the chain store and the credit card company, as well as provides services, such as credit sales transaction details, and purchase of sales slips.

On August 1, 2014, between the Plaintiff and the Plaintiff, entered into an agreement on the use of VN (hereinafter “instant agreement”) as follows:

Article 5 (Terms and Conditions of Management) 1) The defendant shall not suspend the use within the term of lease agreed with the plaintiff, or replace the goods with other products or install additional ones. 2) The defendant shall not arbitrarily transfer the goods and equipment to any other person.

Article 6 (A/S Management) (1) The Plaintiff shall be liable for A/S with respect to the equipment provided to the Defendant. (2) The period for A/S shall be two years for POS main body, and the incidental equipment shall be one year free of charge.

3) A/S arising after two years shall bear costs equivalent to A/S.(5) The primary A/S shall be remotely supported and, where a remote A/S is known, the employee visits A/S within 24 hours.

Article 7 (Term of Contract) (1) The term of contract of the Plaintiff and the Defendant shall be three years. (2) The term of contract shall be 36 months from August 1, 2014 to July 31, 2017.

4) The POS contract for each store shall be 36 months from the date of establishment, irrespective of the Defendant’s contract. 5) When each franchise store’s contract is transferred or closed or replaced by another store, the goods and equipment shall be returned without delay and shall be paid in lump sum by contract as follows:

[Presumption attached to the contract] x 2] - The above matters are "no relation with the defendant."

6) There is no penalty for breach of contract succession. Article 8 (Termination of Contract) 1) If the Defendant uses inquiry services from a company other than the Plaintiff, the Defendant’s office is inevitably closed or its head office is located.

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