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(영문) 서울북부지방법원 2016.12.08 2015가단121574
지원금 등 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 45,30,100 and the interest rate of KRW 15% per annum from June 29, 2015 to the day of complete payment.

Reasons

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 to 7 and witness C and D's testimony respectively.

The purpose of the Plaintiff’s credit card service business is to provide credit card approval services, etc. to the Defendant [the Defendant [the Defendant, on October 28, 2014, is Young-gu EF E E (hereinafter “instant E E”) located around the Suwon-si, Suwon-si around November 1, 2014.]

2) The Plaintiff entered into a contract to use credit card approval services (hereinafter “instant contract”) with the Defendant’s name verbally and received a copy of the Defendant’s business registration certificate and the deposit passbook by calculating an estimate of the credit card approval service charges for the instant marina.

Terms of contract: Lease without compensation of KRW 20,773,050 (including value-added tax) for the total amount of equipment under a three-year contract (conditional special agreement) from November 2014 to KRW 11,540 on the basis of monthly base and KRW 20,773,050 (including value-added tax): 1,892,000 (including two credit card inquiry devices, two electronic signature number, one wireless card device, one paper-end coefficient, and one receipt reduction method): The content of the contract under Article 5 (including the contents of the contract) shall be based on the agreed information and conditional special agreement separately prepared.

The subsidized devices, expendable goods, etc. are the plaintiff's assets, and the Fmaart has the authority to use the devices and goods while this contract is maintained.

Article 8 (Indemnification and Termination) (1) Where the Fmarate unilaterally terminates a contract during the term of the contract without prior consent, suspends the use of credit card approval devices and software, or uses a server, it shall compensate for damage according to the amount of support provided for in the “application for conditional special agreement”.

(6) The settlement of damages shall be as follows:

b) Adjustment Criteria (the personnel cost of equipment costs not recovered when a unilateral termination is terminated without the agreement of both parties).

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