The costs of appeal are assessed against the Plaintiff.

For reasons indicated in its holding, the lower court rejected the Plaintiff’s assertion that ① at the time of concluding the instant contract between the Plaintiff and the Defendant, the Plaintiff and the Defendant, as well as the amount of telephone calls sent as well as the amount of telephone calls sent in accordance with the instant contract, at the time of concluding the instant contract (hereinafter “instant contract”). However, the lower court determined that the Defendant could not be deemed to have failed to perform its obligation under the instant contract due to the Defendant’s fault.

In light of the records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles as to liability for damages caused by nonperformance of obligation and legal acts

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.