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(영문) 수원지방법원 2020.11.11 2020나57615

위약금

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The parties' assertion

A. On November 20, 2017, the Plaintiff claimed the installation of IP-TV one by phone to the Defendant, and the Defendant’s installation engineer C visited the Plaintiff’s house, and C, without the Plaintiff’s consent, changed the existing Internet to the Internet, and added D services.

In addition, the defendant imposed KRW 150,700 on the plaintiff as the plaintiff discontinued the use of the service.

Since the Plaintiff and the Defendant did not have concluded the Internet Service Change Contract and D Service Subscription Contract, the Plaintiff has no obligation to pay the penalty to the Defendant. Since the penalty of KRW 150,700 has been paid by automatic transfer, the Defendant has to return the penalty of KRW 150,700 to the Plaintiff as unjust enrichment.

B. On November 22, 2017, the Defendant’s installation engineer C visited the Plaintiff’s house, and the Plaintiff and the Defendant entered into an Internet service alteration contract and D service subscription contract through PAD with which C participated.

Therefore, as long as the plaintiff suspends the use of service, the plaintiff is obligated to pay the penalty to the defendant under each of the above contracts, so the plaintiff's assertion is without merit

2. Determination

A. In light of the following facts and circumstances, it is reasonable to view that the Plaintiff and the Defendant entered into an Internet service change contract and a D service subscription contract on November 22, 2017, in light of the following facts and circumstances, if the purport of the entire argument is added to each entry in the document Nos. 1, 2, 9, and 10 of the Internet service change contract and D service subscription contract.

① On November 22, 2017, the Plaintiff signed an application for the service indicated in PAD with the Defendant’s installation engineer C on November 22, 2017, and the application for the service contains the Internet service alteration agreement, D service subscription agreement, and penalty guidance. Therefore, it is difficult to see that the Plaintiff was completely unaware of the content of the application.

(2) The defendant shall be an installation engineer.