logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.04.03 2014나54040
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On September 20, 2012, the Plaintiff and the Defendant entered into a contract for the use of credit card terminals, VN services, etc. (hereinafter “instant contract”). If the Plaintiff provided the Defendant with credit card payment-related equipment, such as credit card terminals, and VN services (credit card payment-related services), and paid business subsidies, the Plaintiff entered into the instant contract with the Defendant to use the said equipment and services for the agreed period of use and to assume the obligation to meet the number of credit card payment approvals.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

A. The instant contract was terminated since the Defendant’s assertion was in violation of the obligatory use period stipulated in the instant contract by suspending the use of the Plaintiff’s apparatus and services, around September 2013. The Defendant is obligated to pay to the Plaintiff the amount equivalent to the amount of credit card terminal devices, digital signature apparatus, printing straws, LN usage fees, and wire-line share free of charge, and sales subsidies, service fees, and penalty equivalent to the statutory interest.

B. Facts of recognition 1) Article 3 of the terms of the instant contract

1. In using all the devices and services stipulated in this Agreement, the Plaintiff provided all the devices and appliances without compensation during the period of compulsory use under the conditions stipulated in Article 4, and the Defendant is exempt from the usage fees of the devices and appliances provided by the Plaintiff on condition that the period of compulsory use is observed.

2. The Plaintiff shall pay a loan to the Defendant under Article 4 on the condition that the period of compulsory use is observed and the number of monthly approvals is maintained, and the obligation to repay the loan shall be extinguished at the time of the expiration of the contract when the period and number of contractual terms are observed.

3. If the Defendant fails to comply with the mandatory use period or falls short of the monthly agreement without any cause attributable to the Plaintiff, the Plaintiff’s loan shall be returned.

arrow