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1. The Defendant: (a) KRW 26,270,400 for the Plaintiff and KRW 5% per annum from November 11, 2014 to November 6, 2015; and (b).
Reasons
1. Facts of recognition;
A. Defendant and B shall start the business of “D” in Gyeyang-gu, Gyeyang-gu, Yangyang-si, and jointly operate it, and jointly complete the business registration on July 29, 2013.
B. On August 2013, 2013, the Plaintiff entered into a credit card approval service contract (hereinafter “D”) with the representative B of “D” and the Plaintiff, whose main contents are as follows, as “A” and “B”; hereinafter “instant contract”).
1) Fixed period: Terms and conditions of a contract (conditional special agreement) between August 15, 2013 and August 14, 2016 - Total amount of support (passe amount): 20,000,000 won [total 333,33 cases (total 9,259 cases x 60 won)] - Free lease of a credit card inquiry device: Two unit of a credit card inquiry device, two unit of a digital signature tag, one terminal of a closed-end radio card, one unit of a receipt reduction coefficient, and a total of 1,892,00 won including a receipt reduction method, and a conditional special agreement. The terms and conditions of a contract under Article 5 (Contract) of the same Act are the assets of the “use of the credit card approval service” prepared separately for the terms and conditions of a special agreement. A shall have the authority to use the equipment and goods during the maintenance of this contract, and A shall have the authority to claim damages and termination thereof for up to 90% (hereinafter referred to as “A”).
(6) The settlement of damages shall be as follows:
b) The payment key is double the amount of the consumable subsidy paid until the termination date of the subsidy for personnel expenses for equipment costs not recovered from the settlement standard (the time of unilateral termination without any bilateral agreement). (c) On August 2, 2013, the Plaintiff deposited KRW 22,00,000 (including value added tax) with the bank account in the Defendant’s name. At that time, the Plaintiff installed devices under the instant contract amounting to KRW 1,892,000, such as a credit card inquiry device, etc. D. D. From August 2013 to March 2014, the Plaintiff failed to comply with the terms and conditions of the monthly contract (9,259 items) (i.e., the instant contract) (i., the Plaintiff terminated the instant contract for this reason.