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(영문) 서울중앙지방법원 2018.11.13 2018나18671
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) is revoked, and the revoked part is revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

(a) The Plaintiff is a party. 1) The Plaintiff is a credit card company, which entered into an agency contract with VN (VG) company, and installs a credit card terminal to be provided by the said VN headquarters to a credit card merchant, and provides VN service (referring to a person registered with the Financial Services Commission in accordance with the Specialized Credit Financial Business Act for Value-Added Network (referring to a person as defined in Article 2 subparag. 8-3 of the Specialized Credit Financial Business Act) in connection with a credit card and provides credit card networks related to the credit card and a credit card merchant as a broker, such as credit card trading approval and automatic transfer of credit sales proceeds.

[2] Defendant (Co., Ltd.) is the credit card member store that conducts the business of operating the marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing marketing.

B. 1) On March 26, 2014, the Plaintiff entered into a contract with the Defendant to use VN services (hereinafter “instant contract”) with the following terms and conditions.

Article 2 (Conditions for Establishment) The Defendant may not replace or install any similar function other than the VN service provided by the Plaintiff. The term of this contract under Article 4 (Period of Contract) shall, in principle, be from March 2014 to 38 months after the conclusion of the contract, be extended automatically by one year if the Plaintiff or the Defendant does not express his/her separate intention by one month prior to the expiration date. Article 5 (Terms of Contracts)

1. Support conditions: To pay 88 won for each credit card approval (including VAT) on the last day of the following month;

(other than physical cards). 2. A fee shall be adjusted when changing fees according to a credit card company's business policy.

Article 6 (Details of Equipment Support and Other Support)

1. Two excursion ships or terminals;

2. Two credit card terminals;

3. Three digital signatures;

4. Installation costs and other service costs under Article 7 (Obligation and Compensation for Damages) shall be voluntarily performed by the defendant during the contract period;

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