(영문) 서울중앙지방법원 2018.09.20 2018나15474

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(영문) 서울중앙지방법원 2018.09.20 2018나15474

약정금

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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 434,500 and to the plaintiff on December 1, 2011.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is value-added telecommunications business, etc., and the Defendant is “B”.

B. On March 10, 2009, the Plaintiff and the Defendant provided credit card terminals and services to the Defendant, and the Defendant entered into an agreement on the supply of credit card terminals and the use of services (hereinafter “instant agreement”) with the effect that the Plaintiff shall pay the Plaintiff the additional service fee due to the use of the devices during the period of use.

C. The main contents of the instant contract are as follows.

(A) The purpose of Article 1(1)(i) “A” is to provide “B” with a credit card terminal and to promote mutual interests and development by concluding a contract for credit card terminals and services as follows:

Article 2 (Conditions for Installation) (1) The term “B” shall not suspend the use of the products installed by “A” within 36 months, replace them with other products or install them additionally, and shall guarantee them under this Agreement.

Article 4 (Contract Period) In principle, the contract period of the product shall be three years from the date of the installation of the product.

Article 5 (Fees for Terminal Use) "B" shall pay 5,500 won per month to "A" as an additional service fee for the use of a device, and where payment is not made on a regular settlement date, 2% per month for the unpaid charges shall be imposed and added.

Article 7 (Compensation for Damages) "B" shall be paid two compensation for the value of the product immediately after the breach of the contract, because it is a serious breach in the case of replacing the product with another product or installing an additional facility within the contract period.

Compensation-based product value of leased goods: 550,000 won per credit card terminal, 240,000 won per wrap.

D. The Defendant supplied the Plaintiff with a credit card terminal and sponsor, and installed other products around November 201, 201, prior to the expiration date of the contract term of the instant contract.

[Ground of recognition] There is no dispute.

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