기타(금전)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a company with the purpose of facility security service business, etc., and the Defendant operates the service center for D Motor Vehicle Maintenance in the Seo-gu Busan Metropolitan City (hereinafter “instant business site”) as a company with the purpose of automobile repair and service business, etc.
B. On August 21, 2017, the Plaintiff entered into a contract for use A (hereinafter “A contract”) with the content that the Plaintiff provides the unmanned security system at the instant workplace (hereinafter “E contract”) with the Defendant, with the monthly user fee of KRW 200,000,000, and the contract period from August 28, 2017 to August 27, 2020. On the same day, the monthly user fee of KRW 70,000,000 and the contract period of the said contract were the same period as the instant A contract, and the Plaintiff entered into an E contract with the content that the Plaintiff provides the E service at the instant workplace (hereinafter “E contract”).
The Plaintiff installed necessary facilities, such as a camera for services, in accordance with each of the above contracts.
C. A Agreement provides that the cost of construction for the installation of facilities shall be KRW 500,000 and the cost of removal claimed upon termination within the contract period shall be KRW 200,000,000. Of the terms and conditions of the Agreement
Article 16 [Expenses for Installation Work] (2) Notwithstanding the provisions of paragraph (1), if a company (the plaintiff, the same shall apply hereinafter) bears the cost of installation, if the contract is terminated within the first contract period, the company may claim the cost of installation to the customer (the defendant, the same shall apply hereinafter).
Provided, That this shall not apply in the case of termination due to clear reasons attributable to the company.
Article 25 [Cancellation and Termination of Contract by Customer] (2) A customer may terminate a contract at will after commencement of expenses even in cases other than paragraph (1), and in such cases, the customer shall notify the company in writing one month prior to the date of termination of the contract.
Article 27 [Penalties] ① If a contract is rescinded or terminated under Article 25(2) or 26, the customer shall pay the company a penalty falling under any of the following subparagraphs:
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