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. Basic facts
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, and the Defendant is a pharmacist who operates a “C pharmacy” in Jung-gu Seoul Metropolitan Government.
B. On March 16, 2015, the Defendant leased one credit card terminal device amounting to KRW 500,000 from the Plaintiff, and one signature tag amounting to KRW 200,000, from the Plaintiff without compensation. DC services (monthly 16,500) and management services (monthly 11,000) were provided without compensation. However, the Defendant concluded a contract for the use of broadband services (hereinafter “instant contract”) with the card device provided by the Plaintiff during the 36-month period.
C. According to the terms and conditions of the instant contract, if the Defendant did not use the broadband service and equipment provided by the Plaintiff during the period of the contractual terms and conditions, the Plaintiff is liable to compensate the Plaintiff for the monthly average number of 2 times and 2 times and 110 won of the monthly management fees (exempt month) of the rent of the leased equipment ( terminal, signature, failure, etc.) provided by the Plaintiff, and the amount of monthly management fees (exempt month) provided by the Plaintiff.
(Article VIII. D.)
The Defendant, pursuant to the instant contract from March 19, 2015, used a credit card device, etc. provided by the Plaintiff at a pharmacy operated by the Defendant from March 19, 2015, but discontinued the use of the foregoing equipment on or around March 30, 2015, and returned it to the Plaintiff on or around April 6, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings
2. Since the contract of this case was terminated due to the cause attributable to the defendant, according to the terms and conditions of the plaintiff's damage compensation applicable to the contract of this case, the defendant is obligated to pay the plaintiff the damages totaling KRW 6,467,400 (= KRW 400,000, KRW 300,000, KRW 333,000,000, KRW 42,712,400) as well as damages for delay.
(1) Terminal: 500,000 won x 2 = 1,000,000 won x 2,000 won x 2:4,000 won x 2:40,000 won.