A. The Plaintiff is a company that engages in wholesale and retail business of office machinery and equipment, and the Plaintiff and the Defendant concluded a digital complex lease agreement (hereinafter “instant lease agreement”) with the following contents:

A lessor: A lessor: A five-year contract period for a digital complex: It shall be as specified in the attached Form.

Where the Defendant fails to comply with the contract term without any cause attributable to the Plaintiff and terminates the lease contract of this case, he shall pay to the Plaintiff an amount equivalent to 50% of the average monthly rent for the immediately preceding three months multiplied by the remaining period of the contract

(hereinafter “Agreement on Penalty of this case”). (b)

The Defendant terminated the instant lease agreement on June 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The defendant's obligation to pay penalty

A. According to the above facts, since the Defendant terminated the instant lease contract without any cause attributable to the Plaintiff, the Defendant is obligated to pay to the Plaintiff an amount calculated by multiplying 50% of the average monthly rent for the three months immediately preceding the termination of the lease contract in accordance with the agreement on penalty for breach of contract by the remaining months of the contract.

B. The defendant asserts that the penalty agreement of this case constitutes a clause that imposes unfairly excessive damages on customers under Article 8 of the Regulation of Standardized Contracts Act and thus becomes invalid.

"Terms and Conditions" in the Terms and Conditions Regulation Act means the terms and conditions of a contract prepared in advance by a party to a contract to enter into a contract with several other parties, regardless of its name, form or scope.

One of the parties to a contract has prepared a contract in advance in a certain form and presented it to the other party, and also concludes a contract in accordance with such terms, he/she shall hold individual negotiations with the other party regarding a specific provision.