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(영문) 서울북부지방법원 2018.01.26 2017나34019
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff is operating a value-added network agency (VIN) that connects a credit card company and a chain store with the name of “C,” and the Defendant is a credit card merchant operating the “D gas station” in Kimpo-si E.

Value-added Network (VN) refers to a business for which a certain amount of fees is collected for each number of occasions arising from the management of a computer operation system, operation and management of settlement equipment, collection and management of credit card slips completed, so that the amount of settlement can be deposited into the settlement account of a franchise store when the terminal machine and approval (approval) is completed at the middle stage of a credit card company and credit card merchant, and a business for which profits are made by collecting a certain amount of fees. There is a structure of a general VN head office, VN sales agency, and VN agency, and the Plaintiff operates a

The Plaintiff and the Defendant concluded the following supplementary telecommunications service contract (hereinafter “instant contract”) with the purport that the Plaintiff would provide the Defendant with telecommunications services to approve and relay the installation of devices for credit card transactions and payment of proceeds:

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, transfer, delegate, offer as security, or perform any other act of disposition against all or part of the rights and obligations under this contract.

Article 5 (Indemnification)

2. If the defendant does not observe the obligations under Article 3(2), the defendant is presumed to have been the plaintiff's sales until the date of termination of this contract.

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