(영문) 서울중앙지방법원 2018.10.17 2018나5965

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(영문) 서울중앙지방법원 2018.10.17 2018나5965

약정금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 6, 2013, the Plaintiff, a corporation operating value-added telecommunications business, etc., entered into a license agreement (hereinafter “instant license agreement”) with the Defendant regarding B gas stations operated by the Defendant in Macheon-si C (hereinafter “instant gas stations”). The content of the instant license agreement relating to the instant case is as follows.

Article 2 [Scope of Contracts] The scope of the Plaintiff’s services to be used by the Defendant in connection with this contract shall be as follows:

1) The term of this contract is 36 months from the date of the contract, Article 3 [contract Term] 1] of Cash Receipt Transaction Services in Korea and abroad through computerized connection. Article 4 [Contract Terms] 4] The Plaintiff shall assist the Defendant with the following equipment under this contract:

Article 8 [Obligation] attached to a written estimate of KRW 2240,000 to a card terminal of KRW 350,000 shall not be arbitrarily changed within the term of the contract with the plaintiff, and the defendant shall not be allowed to replace or install additional products (other VN) within the term of the contract.

Article 11 [Damages] 2) The Plaintiff shall compensate for two times the amount and value of the product immediately subsidized in breach of the contract, as serious breach has occurred when he arbitrarily replaces or installs additional products (other VN) with the Defendant within the contract period. [Separate] The amount: 4,500,000 won (excluding value-added tax), 4,950,00 won (including value-added tax) in the quantity of the product (including value-added tax) in the unit price of the value-added tax (the value-added tax) (the value-added tax) (the value-added tax of KRW 13,50,500,500 for the first communications device) (the value-added tax of KRW 13,50,500,000 for the first communications device) and the education support management of 14 computers.

B. D, around October 2014, registered a petroleum retail business (gas station) with respect to the gas stations in the instant case located in Seocheon-si City City City City Mayor, Seocheon-gu, 2014, and received a certificate of registration for petroleum retail business from the Pocheon City Mayor on October 20, 2014.

C. The defendant

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