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(영문) 부산지방법원 2017.08.22 2016가단328449
손해배상(기)
Text

1. The part of the claim for the confirmation of the existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On January 22, 2015, the Plaintiff entered into a sales support agreement (hereinafter “instant agency agreement”) with the Defendant to enter into the sales support agreement (hereinafter “instant agency agreement”), setting the period from February 2, 2015 to June 2015, with respect to the recruitment and management of franchise stores, the installation of card terminals, etc. for the provision of the Defendant’s VN services (credit card settlement agency services), and setting the period from July 2015 to June 2015 to the period from June 2018, the Plaintiff entered into the sales support agreement (hereinafter “instant agency agreement”). The main contents are as follows.

Article 2 (Terms and Conditions of Agreement) (1) The number of agreements (number of credit card transactions): 10,000 cases: (2) the installation period: from February to June 2015, 2015 to

(3) The Plaintiff shall be liable for the use of the VN service provided by the Defendant during the period for the maintenance of the agreement, and if the service is suspended prior to the expiration of the maintenance period, the Plaintiff shall compensate for the damage incurred therefrom.

Article 4 (Penalty) (1) In the event that the plaintiff fails to achieve or maintain the terms of the above Article 2, the defendant may impose the penalty as provided in [Attachment] on the plaintiff, and the plaintiff shall be liable to pay it up to the day following the occurrence of the penalty.

Article 5 (Provision and Disposition of Security) (1) The plaintiff shall provide a security to the defendant within ten days after the conclusion of this Agreement with the defendant for the purpose of preserving the defendant's damage under this Agreement.

④ In the event that the security offered by the Plaintiff to the Defendant expires within the retention period of this Agreement, the Plaintiff shall either renew the relevant security or provide substitute security at least one month prior to the expiration of this Agreement, and even if the Defendant requests to change the period and amount of security, the Plaintiff shall not exceed one month.

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