logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.09 2016가단252453
손해배상(기)
Text

1. The Defendant’s KRW 5,640,432 as well as the Plaintiff’s annual rate of KRW 5% from November 16, 2016 to June 9, 2017.

Reasons

A. The Plaintiff is the sales, lease, and controlled entity of credit card terminals, and the Defendant is operating the “C pharmacy” in Young-gu, Young-gu.

B. On October 10, 2014, the Defendant concluded a contract for the lease of credit card terminals and other supplementary equipment with the Plaintiff (hereinafter “instant contract”).

C. The main contents of the Plaintiff’s service terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 3 (Conditions for Establishment and Term of Lease) (1) A chain store shall not suspend the use of the terminal, etc. established by the company within the term of the contract, replace the terminal, etc. with other company's products or install them additionally, and guarantee them in this contract.

(2) Where a chain store intends to terminate a franchise after completing installation of a terminal, etc., it shall not refund all the costs of installation/contract amount/registration fees/security deposit, etc., and shall also pay penalty for breach of contract determined by the company.

(4) A period for lease of a terminal shall be subject to compulsory use during the period of the contract after its installation.

(5) Even if a contract is terminated due to unilateral reasons of a chain store within the period of compulsory use, rent and maintenance expenses shall be borne by the period of the contract and may be redeemed at such date and time.

The amount of redemption shall be the amount of damage compensation under Article 7, and any civil or criminal objection shall not be raised.

Article 4 (Types of Services and Methods for Payment of Fees) ① (11,000 won for the use of credit card devices (monthly payment) / Monthly 2POS devices / 5,000 won for the 3-month maintenance and management services / 4 automatic payment service / 11,000 won for the 4-month automatic payment (DC) services / 5,000 won / monthly 5 digital signature (DESC) services 16,500 won / monthly 11,00 won for the 6-month radio-type telecommunications rates / monthly 11,000 won / monthly 6-month (special agreement) 11,000 won for the 11,000 won for the 6-month radio-type telecommunications rates) ① Company may enter into a contract with a chain store on the terms of a special agreement on the payment of “bench”

(2) A company shall pay subsidies to chain stores.

arrow