(영문) 서울북부지방법원 2015.12.01 2014나6624

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(영문) 서울북부지방법원 2015.12.01 2014나6624

임대료등

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a credit card merchant with a credit card brokerage business under an agreement with the company that operates the payment brokerage business for credit card merchants and who creates profits by receiving fees from the company that operates the payment brokerage business for credit card merchants according to the credit card merchant's credit card payment records, etc., and the Defendant is a person who operates a skin management office in the name of "C".

B. On June 16, 2011, the Plaintiff and the Defendant concluded an agreement with the Defendant stating that “The Plaintiff shall lend to the Defendant one credit card inquiry machine (excursion ship type and model name KS 5020i) without compensation, and the Defendant shall assume the obligation to use the credit card signal from June 16, 201 to June 15, 2014.”

(hereinafter referred to as the “instant agreement” and the period during which the Defendant bears the obligation to use a credit card steering gear in accordance with the instant agreement shall be referred to as the “period of compulsory use.”

Of the terms and conditions of the instant agreement (hereinafter referred to as the “instant agreement”) the key parts of the terms and conditions are: (a) the ownership of the inquiryer under the instant agreement is owned by A during the mandatory lease period; and (b) B is prohibited from leasing or transferring the leased inquireer to a third party.

Article 3 (Terms and Conditions of Lease)

1.B shall use the leased referencer for credit card transaction approval services provided by A.b.

B shall use credit card transaction approval services provided by A during the period of compulsory use. 3.

B shall acquire the ownership of the inquirer from A when the period of compulsory use expires.

B shall not use a device of another agency during the period of compulsory use.

Article 7 (Termination of Contract)

1. Where Article 3 is violated, A shall request correction with a grace period for one week, and if B fails to comply therewith, A shall compensate twice the consumer price in accordance with Article 8.

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