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(영문) 수원지방법원 2016.11.09 2015나5870
손해배상청구
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party’s position in the name of “C” that combines the functions of POS POS terminal POS (OF) with a cash register, and is the information management system at the time of sale. The Plaintiff is a franchise store that has entered into a franchise agreement on the operation of a closed-end franchise store between a credit card company, etc. and a credit card company, etc. in connection with the sale, lease, and management of a credit card inquiryer, and VN service related thereto (VN (VD AD AD N network, one-time additional network): A type of additional communications service under Article 2 subparag. 12 of the Telecommunications Business Act, which is a type of additional communications service under Article 2 subparag. 12 of the Telecommunications Business Act, such as a credit card and other points card using the computer of a credit card company, etc.; 2) the Defendant is a franchise store that entered into a franchise agreement on the operation of a closed-end franchise store (hereinafter “franchise”).

3) The term “C” operated by the Plaintiff is a subordinate agency of the Gyeonggi Information and Communications Technology Co., Ltd., the headquarters of which is VN, which entered into an agency contract with the Korea Private Bank Settlement, and is paid fees according to the number of credit card payments approval from the Korea Private Bank Settlement or the Gyeonggi Information and Communications Co., Ltd.

C. The content of the terms and conditions is as follows: C (hereinafter “A”) or “company”.

)The card terminal, POS, and other products sales, lease, free of charge, maintenance and repair, and services (hereinafter referred to as “services”) provided by it are chain stores and contractors (hereinafter referred to as “B”).

(iii)The purpose of the franchise store is to explain all the matters necessary for its use and to enter into its obligations and smooth contracts. A franchise store for the period of the contract in Article 3 (Terms of Contract, Period: Installment Purchase, Lease, Free of Charge, and Maintenance and Repair Table 3 shall be installment sale, lease by the Company

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