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(영문) 서울북부지방법원 2017.05.18 2016가단143281
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts can be acknowledged in light of the purport of the whole pleadings in each of the statements in Gap evidence Nos. 1 through 5, 8, and 9.

On August 1, 2013, the Plaintiff, who operates a value-added network (VI) agency that connects a credit card company and a chain store with the name of “C”, concluded a service contract (hereinafter “instant contract”) with the Defendant who operates a gas station under the trade name of “D gas station,” stating that the Plaintiff would provide the Defendant with telecommunications services to approve and relay the installation of a device for credit card transactions and payment settlement:

Article 3 (Mandatory Matters)

1. The plaintiff's obligations: Assistance with not less than 50 won, not less than 5,000 won for credit card inquiries fees, and not less than 5,000 won;

(BC) SK (integrated radio terminal 2 units, cracks 2 units, 2 units by wire), delivery terminal 1 unit free of charge;

2. The defendant's obligations;

a. The Defendant may provide services to the gas station through a VN credit card inquiryr and VN Hst designated by the Plaintiff, and may not provide VN services through a credit card inquiryr and another VN Hstr.

b. The defendant may not, without the prior consent of the plaintiff, perform other acts of disposal, such as transfer, delegation, provision of security, etc. of all or part of the rights and obligations under this contract to another person.

Article 5 (Indemnification)

2. Where the defendant does not observe the obligations under Article 3(2), the defendant shall compensate all the estimated amount of the plaintiff's sales until the date of termination of the principal contract.

Article 6 (Period of Contract) This Agreement shall enter into force from the date on which both parties affix their signatures and seals, and the term of contract shall be three years.

However, if there is no written notice of contract modification or termination before the contract expires, the contract period shall be automatically extended.

Article 8 (Liability) When one of the parties has violated this Agreement intentionally or by negligence, the party who has breached the contract shall be liable to any damage incurred thereby.

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