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(영문) 서울고등법원 2017.05.26 2016나209247
약정 위약금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On May 16, 2012, Lone Star Korea Co., Ltd. (hereinafter “Sone Star Korea” or “Plaintiff”) concluded an agency contract (hereinafter “instant agency contract”) under which the Defendant and the Defendant recruited credit card merchants on behalf of Lone Star Korea, and in return for which the Defendant is liable to pay fees for each credit card settlement case generated from the credit card merchants recruited and managed by the Defendant on the last day of the following month from the date of occurrence. The main contents of the contract are as follows.

“A” refers to the Plaintiff, and “B” refers to the Defendant.

Article 7 (Recruitment and Management of Self-agency) (1) B may select a third-party company as a self-agency and have it perform part of the affairs of Eul on behalf of its own agency by concluding a contract for self-agency, and Eul shall obtain the prior written approval of Gap in case of conclusion or early termination of the contract for self-agency, and he shall be aware that the relevant self-agency has the same responsibility and responsibility as to the major duties between A and B.

Article 8 (Payment of Fees) (1) A shall pay B the “approval Fees”, “DC Fees”, and “DESC Fees” to B as a result of the agency’s performance of duties on the last day of the following month from the date of occurrence.

Article 11 (Lease Devices) (1) A confirms that a device may be supplied to B on lease and conditional lease terms and conditions in accordance with the standards set by A, and that a device supplied on conditional lease is leased free of charge when the relevant conditions are fulfilled.

(2) Where the number of credit card transactions agreed during the contract period does not occur for the terminal supplied by Gap under condition of lease and conditional lease, Eul shall pay a penalty for each case for the shortage of credit card transactions.

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