약정금
1. The Defendant’s KRW 25,015,147 as well as the Plaintiff’s KRW 6% per annum from October 18, 2019 to April 24, 2020.
1. Determination as to the cause of claim
A. On May 22, 2019, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on online Messenger “E” (hereinafter “instant contract”) and the fact that the said contract was terminated on October 17, 2019 due to the unpaid rent did not conflict between the parties.
B. On October 17, 2019, the date on which the unpaid rent was terminated, the base rent for the rent of KRW 2.7 million per month is KRW 2.7 million per month (excluding value-added tax), and the Defendant’s default of the rent accrued until the date of termination from September 2019 and October 2019 is no dispute between the parties.
The Plaintiff and the Defendant asserted only as to whether the rent for October 2019 was included on October 17, 2019, which was the date of termination of the calculation of the rent for October 2019. According to the evidence No. 8, the service of the Messen service was deemed to have been provided until October 201, and
In calculating that the rent for October, 2019, including October 17, 2019, is KRW 1,480,645 (i.e., KRW 2.7 million x KRW 17 days/31 days, and below KRW 4,598,709) (i.e., unpaid rent that the Defendant shall pay to the Plaintiff as of October 17, 2019) x (i.e., KRW 1,480,645) x (10%).
C. In addition to the purport of the entire argument in the statement in Gap evidence No. 1, when concluding the instant contract, the plaintiff and the defendant set one year from June 5, 2019 to June 4, 2020 as the period of compulsory use of Messengers (Article 10(3)). If the contract is violated, the defendant may acknowledge the fact that he/she agreed to pay the Plaintiff the fee for the remaining contract term (Article 10(3). The fact that the said contract was terminated on October 17, 2019 is as seen earlier.
According to the above facts of recognition, it is clear that the defendant is obligated to pay penalty to the plaintiff for a violation of the period of compulsory use, and that the amount is 20,416,438 won (=2.7 million won x 12 months x (365 days - 135 days) / 365 days).
In conclusion, other special cases are different.