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(영문) 인천지방법원 2018.03.22 2017나59362
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that leases credit card terminals and recruits franchise stores, etc., and the Defendant operates a pharmacy under the trade name of the “C pharmacy” in Young-si, Young-si.

B. On October 10, 2014, the Plaintiff leased one credit card terminal device and one signature tag (hereinafter collectively referred to as “instant equipment”) to the Defendant without compensation, and the period of the contract is five years, and the Defendant is obliged to use credit card transaction approval service only as the instant equipment during the contract period (hereinafter referred to as “instant contract”): One card terminal, one signature (container), one unit lease equipment, and consumer price - all type 550,000 - signature (container) - all type 200,000 won of the wire card terminal - [non] monthly management fee exemption and free lease [this case’s contract period] 60 months, and the contract was completed and the contract was completed in good faith.

On October 10, 2014, Article 3(1) of the Terms and Conditions of Use [The Terms and Conditions of Use and the Obligations for Term of Lease] (1) No chain store (the defendant) shall suspend the use of, replace or install any device, other supplementary equipment, etc. installed by the company (the plaintiff) with other company products within the term of the contract, and guarantee them as this Agreement.

(2) When a chain store intends to terminate a contract after completing the installation of a terminal, etc., it shall not refund all of the costs of installation/contract amount/registration fees/security deposit, etc., and shall also pay penalty for breach of contract determined by the company.

(4) A period for lease of a terminal shall be subject to compulsory use during the period of the contract after its installation.

(5) Rent and maintenance expenses shall be paid even if a contract is terminated due to unilateral reasons of a chain store within the period of compulsory use.

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