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(영문) 서울남부지방법원 2018.02.22 2016가단244662
위약금 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 24, 2016 to February 22, 2018.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff is an abbreviationd name of the POS system (the point of time information management system, poin-rof-sale system), which connects the POS terminal installed in the store of goods to the sales store and input sales information generated by each product at the same time, and uses these information for the purpose of supply, maintenance, and repair business of the purchase and production of goods and VN services (the system applied to the purchase and production of goods or detailed sales management) and other credit card inquiry-related business, and business incidental business. The Defendant is a stock company that runs the franchise business of “money”.

B. On November 6, 2012, the Plaintiff and the Defendant entered into a “credit card inquiry service and POS system provision contract” with the following content:

(hereinafter the above contract is referred to as the “instant service contract” and, if each contract provision is individually indicated, the “manufacture of the instant service contract” shall be referred to as the “manufacture of the instant service contract”). The Seodaemun Defendant (including the direct store and siren franchise store) and the Plaintiff mutually connected with the computer device and enter into a contract as follows in the Defendant’s use of the VN credit card inquiry service and the POS system provided by the Plaintiff.

Article 3 (Scope and Roles of Provision of Services)

1. The kinds and contents of the services provided by the Plaintiff are as follows:

- Credit card inquiry and manufacturing services - stable operation and management of exclusive lines and communications equipment - Additional services mutually agreed upon between the Defendant and the Plaintiff

2. The defendant shall play the following roles for the smooth provision of services:

- Stable operation and management of a credit card settlement system - The defendant under Article 4 (Duty of Contract) of the maintenance of a continuous mutual cooperative system following the support of the plaintiff's additional services shall conduct the processing of approval for transactions by credit card companies.

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