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(영문) 서울중앙지방법원 2017.08.11 2016가합506668
위약금 청구
Text

1. The Defendant’s KRW 711,285,760 for the Plaintiff and 6% per annum from September 21, 2015 to August 11, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff refers to all services, such as credit card transaction approval and credit sales payment automatic transfer, provided by VN companies (VL-ADed Network) and value-added network providers (referring to those registered with the Financial Services Commission in accordance with the Specialized Credit Financial Business Act for value-added network businesses, such as credit cards, as defined in Article 2 subparag. 3 of the Specialized Credit Financial Business Act) in the course of establishing a telecommunications network related to credit cards and mediating credit card companies and franchise stores.

In order to hear, it is a franchise solicitor who conducts affairs such as the installation of a credit card terminal, and the defendant is a company that runs an external franchise business, etc.

B. On March 1, 2013, the Plaintiff entered into a service contract (hereinafter “instant contract”) with the Defendant’s direct management or franchise store that the Plaintiff newly established (hereinafter “C”) to exclusively supply VN services to the Plaintiff’s store, and on April 10, 2013, the said contract was certified as the notary public of the contract.

The scope of the contract of this case under Article 1 of the specific scope of the contract of this case shall be as follows:

1. Approval for transactions with credit cards/revolving services;

2. Terms and conditions of Article 2 of the automatic transfer service;

1. This contract shall be automatically extended from March 1, 2013 to three years after its establishment, and shall be automatically extended every one year unless there is any mutual disagreement.

2. No other company's VN services may be used during the term of the contract;

Article IIIConditions of Support

1. Support conditions: Payment of fees for the number of monthly approvals for credit cards;

2. Fees: To pay 75 won per credit card for each approved credit card (excluding value-added tax)-on the last day of the following month (excluding the short vision card).

3. Spos site: 10,000 square meters per case;

4. Credit card terminals;

5. Signature plaque: Provided, That in cases of a reduction of the card company fee, which is the major body of credit card approval setting, the fee shall be paid in consultation with each other;

Article 4. "A" in violation of the contract shall be the other company without any special reason.

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