손해배상(기)
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.
1. Facts of recognition;
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, and the Defendant is an entity that operates a “B pharmacy” located in Ansan-si.
B. On October 9, 2012, the Defendant: (a) leased one credit card device and one signature tag free of charge from the Plaintiff; and (b) concluded a contract on the use of broadband service with the card device provided by the Plaintiff to use the credit card transaction approval service through the card device provided by the Plaintiff for the agreed period of 36 months (hereinafter “instant contract”).
C. According to the terms and conditions for the use of the instant contract, if the Defendant uses a broadband (VN) service by any company other than the Plaintiff during the period of the said agreement, he/she shall compensate the Plaintiff twice in accordance with the standard of the details of support.
(Article VII). (d)
From October 9, 2012, pursuant to the instant contract, the Defendant used a credit card device, etc. provided by the Plaintiff at the pharmacy operated by the Defendant, and subsequently, around September 3, 2014, discontinued the Plaintiff’s use of the Ban (VN) service by other companies, and subsequently, notified the Defendant of the intent to terminate the instant contract on November 21, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The plaintiff asserted that the contract of this case was terminated due to the defendant's fault, and the defendant is obligated to pay the plaintiff damages amounting to KRW 2,872,740 as follows according to the terms and conditions of the plaintiff's damage compensation agreement applicable to the contract of this case.
(1) Terminal: 396,00 x 2 = 77,00 won x 2=154,000 won x 150,000 won x 2=150,000 won x 2=300,000 won x (4) x 22,000 won x 23 months x 23 months (use period) x (5) : 302,370 won x 2=614,740 won.
3. Determination
A. According to the facts found above, the Defendant was provided by the Plaintiff for a period of 23 months.