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(영문) 서울남부지방법원 2019.10.31 2018가합103625
채무부존재확인
Text

1. The part concerning the claim for confirmation of termination of the contract in the lawsuit in this case is dismissed.

2. Attached Table 2 between the plaintiffs and the defendant.

Reasons

1. Basic facts

A. The Plaintiffs concluded a franchise agreement on the operation of a franchise store with the Plaintiff’s Intervenor, the franchisor operating the franchise business, and the franchisees operating the C store. The Defendant recruited credit card member stores and provided services, such as inquiries into and approval for credit cards and other points cards by using the computer of the credit card company, etc., and additional communications services related to cash receipts, supply of credit card payment equipment, management of credit card sales equipment, etc., as a kind of supplementary communications services under Article 2 subparag. 12 of the Telecommunications Business Act.

B. The Plaintiffs entered into a contract with the Defendant for the supply of VN services and for the lease of equipment (hereinafter “instant contract”) on each of the pertinent dates stated in the attached Table 2’s “contract date.”

The contract of this case has the same content as all of the plaintiffs, and the contract of this case was concluded by signing by the plaintiffs on the contract that was completed by the defendant's employees.

C. Of the content of the instant contract, the part relating to the instant issue is as shown in attached Form 3.

After the conclusion of the instant contract, the Defendant informed the Plaintiffs of the fact that “The term of the contract is extended to 21 months as much as the amount of the fee reduced according to the formula stipulated in Article 7(2) of the instant contract was reduced as the transaction without signature of 50,000 won or less was completely implemented.”

E. The Plaintiffs requested the Defendant to provide evidentiary documents regarding the reduction of VN commission with respect to the notice of extension of the contract term, but the Defendant respondeded to the purport that the trade secret data of the VN company in the transaction cannot be provided.

F. The Plaintiffs concluded a service supply contract with another company after three years from the date on which the instant contract was concluded.

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