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(영문) 부산지방법원 2016.01.08 2015나42107
위약금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Basic facts

A. On November 5, 2012, D engaging in the sales of card terminals and service business under the trade name of “stock company C”: (a) maintained the card sales with F that operates the Empt (hereinafter “the instant Empt”); and (b) entered into a credit card sales contract with F that operates the Empt (hereinafter “instant Empt”); and (c) subject to mandatory use of devices for five (5) years, as follows:

Article 2 (Use of Services) A franchise store shall install separate supplementary equipment on which a telecommunications program (including security programs) that can process the card terminal POS and other transaction inquiry services in Table 2 attached hereto determined by the company in order to use the restricted services provided by the company is loaded in the franchise store.

Additional equipment shall meet the standards set by the company.

Article 3 (Terms of Contracts, Terms of Time) (1) A chain store may enter into and use the card terminal, POS or other installment purchase, lease, free of charge, maintenance and repair contract from the company.

(2) A chain store shall observe the terms and conditions of the contract for installment purchase, lease, gratuitous grant, and maintenance and repair agreed and entered into between the company and the company.

(3) A chain store during the contract period of installment purchase, lease, free of charge, and maintenance and repair table 3 shall not be replaced by the company's installment sales, lease, free of charge, card terminals after maintenance and repair contracts, POS terminals and other similar functions, POS terminals, additional installation, or the card terminals, POS terminals, and other companies in competition with the company.

(4) A franchise store shall be deemed to be a contract termination where it suspends the use of the services of a company prior to the completion of the contract period, such as the payment, lease, free payment, installment after concluding a contract for maintenance and repair of the card terminal, POS, and other items listed in Table 3.

Article 10 (Termination of Use Contract) (3) When the “A” or “B” fails to clearly fulfill the terms and conditions of the attached Table 3, one of the parties to Article 11 (Indemnification) shall be intentional.

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