손해배상(기)
1. The Defendant’s KRW 13,425,728 as well as the Plaintiff’s annual rate from February 28, 2018 to November 7, 2018.
1. Facts of recognition;
A. On April 30, 2014, and October 1, 2014, the Plaintiff, an agent of KIIS Information and Communications Company (hereinafter “KIS Information and Communications Company”) concluded each long-term loan contract (hereinafter “each of the instant contracts”) with the Defendant providing bareboat service in the name of B.
[Plaintiff is an agency of KIS Information and Communications, and the mother agency of the defendant]
According to each of the instant contracts, the contract term of April 30, 2014 was 36 months from August 1, 2014 to July 31, 2017, and the Defendant has to provide at least 10,000 credit card transactions per month to the Plaintiff during the said period. The contract term of October 1, 2014 was 36 months from February 1, 2015 to January 31, 2018, and the Defendant has to provide at least 15,00 credit card transactions to the Plaintiff during the said period.
C. At the time of each of the instant contracts, the Plaintiff and the Defendant entered into an accompanying agreement with the following contents:
Article 6 [Payment of VN Fee] The Plaintiff shall pay the following fees to the Defendant according to the implementation of the credit card transaction approval number agreed by the Defendant, and shall comply with our standard:
(a) Approval for a credit card transaction: thirty won per case, and approval for a liquid transaction: twenty-five won per case;
(b) Automatic transfer of credit sales proceeds: 20 won per case; and
(c) Credit sales slips: 15 won per credit card, and 37 won per credit card company (the single Samsung Card shall be 30 won), Article 7 (Penalties, etc.);
1. Where the Defendant fails to comply with the agreed number of credit card transactions, penalty of 80 won per case must be paid to the Plaintiff.
From June 2015, the Defendant failed to accept the credit card transaction number agreed upon in each of the instant contracts from June 2015 to January 2018. Under each of the instant contracts, the Defendant’s penalty for breach of contract against the Plaintiff is KRW 50,241,280 in total, and the VN fee that the Plaintiff shall pay to the Defendant is 6,809.