2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. On February 18, 2013, the Plaintiff is a person who completed business registration under the trade name of “A” (hereinafter “instant enterprise”) that is a credit card server and a device leasing and installing company, and the Defendant operates a coffee shop with the trade name of “D.”

B. On February 20, 2014, the Defendant prepared a contract for the lease, maintenance, and use of the instant device, etc. (hereinafter “the instant contract”) with the content that the Defendant would install a credit card device and terminal (hereinafter “the instant device, etc.”) equivalent to KRW 2,376,00 in total of the prices owned by the instant enterprise and use it for 36 months during the period of compulsory use by using the instant device, etc., and then deliver it to the side of the instant enterprise.

(2) In light of the legal principles as seen earlier, the Defendant’s issuance and delivery of the instant contract to the part of the instant enterprise, and the Defendant’s issuance and delivery of the instant contract between the Defendant and the representative of the instant enterprise (hereinafter “instant contract”). (3) The Defendant’s issuance and delivery of the instant contract to the part of the instant enterprise, and the Defendant’s issuance and delivery of the instant contract.

2. The assertion and judgment

A. 1) The Plaintiff is the representative of the instant enterprise and is the party to the instant contract. Since the Defendant failed to achieve the number of monthly agreements stipulated in the instant contract, according to the instant contract, the Defendant is obligated to pay the Plaintiff KRW 710,000 in total (=110,000 per month + KRW 600,000 (i.e., monthly user fee of KRW 11,000 x 10 months x 10 months) x 100 x 10 months) as damages for the period of the instant contract due to insufficient number of monthly agreements under the instant contract. In addition, since the Defendant did not return the instant terminal, etc. to the Plaintiff, the Defendant is obligated to pay the Plaintiff KRW 2,376,00 equivalent to the amount of damages for the instant terminal, etc., and thus, the Defendant is obligated to pay the instant contract between E and its employee or president.