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(영문) 서울북부지방법원 2017.05.16 2016가단146112
손해배상(기)
Text

1. Defendant B’s KRW 57,04,00 for the Plaintiff and KRW 55% per annum from August 17, 2016 to May 16, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who installs, manages, and operates a credit card terminal, etc.

B. On January 23, 2015, the Plaintiff entered into a broadband service contract on the maintenance, repair, and other services of a credit card investigator with respect to the FE located in D and E, and according to the said contract, the Plaintiff paid D KRW 20,000,000, and KRW 35,000,000 on March 20, 2015, respectively.

C. After that, on May 1, 2015, the Plaintiff entered into a broadband service contract (hereinafter “instant contract”) with Defendant B, the representative who completed the business registration of the said FFE, regarding the maintenance, repair, and other services of the credit card inquiries.

The contract provisions of this case are as follows.

Article 3 (Mandatory Matters) The obligations of “A” (referring to the plaintiff; hereinafter the same shall apply).

a. A must provide a bank service in good faith to the chain stores of B (Defendant B; hereinafter the same shall apply) through credit card inquiries and Hsts.

b. A shall provide B with an inquiry flag, maintenance and service, and assist B as follows:

3,00,000 won per store 3,00,000 won per unit of the store card terminal, 170,000 won per unit of the 8EA Support, and 350,000 won per radio terminal support unit of the 4EA Support. b.

A shall assist B, for a period of 36 months, in advance, with a cash of KRW 30 million per case (vat separate), on condition that A uses vans and pos (van approved only). c.

(Omission) the obligations of “B”

a. Eul may not designate marinas contracted with Gap as business operators (v) other than Gap, and Gap may, as the case may be, change the business operator.

b. B No Party B may, without Party A’s prior consent, engage in any other act of transfer, delegation, provision of security, or any other act of disposition with respect to all or part of rights and obligations under this Agreement.

c. (Omission)

d. Eul has to receive prior support of cash sources (Vat separate), and maintain only the number of card numbers for 36 months, and the number of monthly card numbers falls short of 15,000 contract periods.

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