손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Occurrence of liability for damages;
A. On March 10, 2014, the Plaintiff engaged in the sales, management, etc. of credit card terminals (i.e., the Plaintiff, who operates a B pharmacy, provided card terminals with the Defendant free of charge, and entered into a contract for the integrated service of credit card networks (hereinafter “instant contract”) under which the Defendant would be obliged to use the said card terminals, etc. for a period of 60 months, and the Defendant is required to use the credit card transaction approval service through the Plaintiff’s products during the said period. In extenuating circumstances, the Plaintiff shall succeed to the instant contract in principle, and if the business owner is unable to succeed to the contract, the Plaintiff agreed to compensate the amount calculated by the agreement month x 10 won.
The Plaintiff installed a card terminal, etc. at the pharmacy operated by the Defendant around that time pursuant to the above contract, but the Defendant arbitrarily closed the business on July 19, 2014 without undergoing succession procedures and terminated the use of the Plaintiff’s broadband service.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading
B. (1) According to the above facts, the defendant violated the agreement to use a credit card device, etc. provided by the plaintiff for five years according to the contract of this case. Thus, the defendant is liable to compensate the plaintiff for damages as stipulated in the above contract, unless there are special circumstances.
D. The Defendant, before one week prior to the closure of business, failed to comply with the above contractual obligations against the Defendant, even though the Defendant was negligent in neglecting the performance of the contract succession procedure with the new business owner and notified the Plaintiff of the intention to immediately close the business of the Defendant and the succession procedure of the contract of this case.