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(영문) 서울중앙지방법원 2019.06.14 2018나21844
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (i) The network A (hereinafter “the network”) is a person engaged in the credit card terminal leasing business or value-added telecommunications business (VN) under the trade name “D,” and the E Association (hereinafter “instant Association”) is a non-profit organization established with the representatives of individual member-level medical institutions as regular members to promote the rights and interests and development of member-level medical institutions.

on January 12, 2012, the Deceased and the instant Association concluded an agreement on basic matters, such as the period of mandatory arrangement and penalty, and subsidies to be paid periodically by the Deceased to the instant Association and the franchise stores (hereinafter “instant agreement”) when the Deceased leased credit card terminals (including hybrids; hereinafter the same shall apply) to the member stores of the said Association.

On November 25, 2013, based on the instant agreement, the deceased and the Defendant, a member of the Association of this case, leased the device to the Defendant on the premise that the said agreement is applied, and for 24 months from that date, the period of a mandatory agreement is the period. However, if the Defendant fails to observe the period of a mandatory agreement, he/she entered into a contract to compensate the Plaintiff for the amount of cash, service charges, etc. provided by the Plaintiff (hereinafter “instant contract”).

B. (i) In the event that: (a) the deceased was unable to pay the subsidy for unpaid subsidies and waiver of penalty for breach of duty in 2014; (b) the deceased’s failure to pay the subsidy for the second month after the second month to the Association; (c) the deceased’s fraudulent interest and his agent was 20,989,047 won on May 12, 2014.

5. The letter of confirmation is "the letter of confirmation in this case" that "if it is not possible to pay the union dispatch advertising expenses up to the fifth month, it shall be paid within the prescribed grace period, and if it is not possible to pay it, the period of mandatory agreements with members and the claim for penalty shall be extinguished in accordance with the above agreement."

the Association of this case.

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