beta
(영문) 서울서부지방법원 2016.04.22 2015나36352

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

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 person who operates a “Balia” located in the Galsi-si District.

B. On August 30, 2012, the Defendant leased one credit card terminal device worth KRW 396,000 from the Plaintiff and 77,000, free of charge, and provided management services (hereinafter “management services”). 20 won per credit card approval case shall be paid for KRW 20 per credit card, but the Defendant entered into a contract for the use of the broadband service (hereinafter “instant contract”) to use the credit card transaction approval service with the card terminal provided by the Plaintiff for 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 mandatory contract, the Defendant would compensate the Plaintiff twice the details of support [i.e., the value of leased equipment (the terminal, signature tag, etc.), ii the management service (the exempted month), and iii).

(Article VII). (d)

Under the instant contract, the Defendant, from August 30, 2012 to August 30, 2012, used a credit card device, etc. received from the Plaintiff at the hospital operated by the Defendant, but discontinued the use of the said equipment on or around August 12, 2014, and returned it to the Plaintiff around that time

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the contract of this case was terminated due to the Defendant’s fault, and thus, the Defendant asserts that according to the Plaintiff’s terms and conditions of damages applicable to the contract of this case, the Plaintiff is obliged to pay the Plaintiff the following damages amounting to KRW 2,60,01,360 (= KRW 154,000,000, KRW 1,056,000, KRW 299,360) and damages for delay.

(1) Terminal: 396,00 won x 2=77,000 won x 2=154,000 won x 150,000 won x 2=150,000 won x 2=300,000 won.