포스사용료
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.
1. Facts of recognition;
A. On November 9, 2013, the Plaintiff, a business operator for the sale and management of credit card terminals, entered into a contract for the supply of credit card terminals and POS services with the Defendant, which provides the Plaintiff with the following credit card devices and supplementary equipment equivalent to the total amount of KRW 1,908,000 (hereinafter the “instant devices, etc.”). The Defendant entered into a contract for the supply of VN and POS services that the Plaintiff would pay KRW 30,000 per month when using the instant devices, etc. for the agreed period of 36 months to the Plaintiff.
Card Terminal: 396,000 won POS Program: 110,000 won POS 1,200,000 won: 200,000 won
B. According to Article 7 of the terms and conditions of the above supply contract, if the defendant fails to perform the above obligatory use period, he/she is to compensate for the amount obtained by deducting the contract price (number of months to be used 】 product price ± 36
(Article VII). (c)
Until April 2015, the Defendant used the Plaintiff’s credit card transaction approval service with the instant terminal, etc. and suspended thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion was suspended by the Defendant for 17 months without fulfilling 36 months of the mandatory use period, and the Defendant is obligated to pay to the Plaintiff the sum of KRW 1,100,372 [the sum of KRW 209,000, KRW 58,045, KRW 63,327, and KRW 200,00 of the program] calculated based on the product price of the instant device, etc. as follows, pursuant to Article 7 of the above terms and conditions:
B. The Defendant’s assertion (i) the penalty stipulated under Article 7 of the above Terms and Conditions is only KRW 570,000,000,000 for the total contract amount of 1080,000 won (36 months) during the 36-month period minus KRW 510,000,000 for the contract
She also did not seek the acceptance of the store operated by the defendant, and the mandatory use period is not fulfilled.