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(영문) 서울중앙지방법원 2015.12.18 2015가단50086
채무부존재확인
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On January 21, 2013, the Plaintiff and the Defendant concluded a credit card transaction approval and a license agreement for additional services with the content that the Plaintiff would use the Defendant’s credit card VN services for three years from March 21, 2013 to March 20, 2016, with respect to the payment of credit cards, cash receipt issuance, and its incidental services performed at Fdco in the Ansan Station operated and operated by the Plaintiff.

B. According to Article 8(1) of the instant contract, the other party to the contract may terminate the contract by written notice, “where the other party fails to comply with a request for correction by setting a reasonable period of time, in violation of the terms and conditions of the contract” (Article 8(2)); “Where the other party significantly neglects or delays the performance of the other party’s responsibilities and obligations and thereby causing trouble to the other party’s business activities” (Article 8(1) and “where any other equivalent cause has occurred” (Article 8(1) of the instant contract.

C. The Plaintiff and the Defendant entered into a special agreement in addition to the instant contract. Accordingly, the Defendant shall be paid KRW 39,600,000 (including value-added tax) business subsidies to the Plaintiff within 30 days after the completion of the contract and the issuance of performance bond (Article 2). The Plaintiff cannot obtain credit card approval and additional services from companies other than the Defendant until the credit card target trading number reaches 900,000 within the contract period. If the cumulative trading number falls short of the cumulative trading number, the contract period of the basic contract shall be extended by one month by one month until the cumulative trading number reaches (Article 4(1)), Article 8 (Cancellation of Contracts) of the said basic contract, and Article 4 of the said special agreement, if the Plaintiff violated the terms of the agreement stipulated in the said special agreement, the Plaintiff shall settle the above business subsidies actually received from the Defendant during the basic contract period and pay an amount equivalent to twice the total amount of

(Article III(3). (d)

The plaintiff on February 4, 2013.

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