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(영문) 서울서부지방법원 2016.08.11 2015나38204
손해배상(기)
Text

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.

Reasons

1. Basic facts

A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, and the Defendant operated a business with the trade name of “B pharmacy” in Incheon Gyeyang-gu.

B. From January 4, 2013, the Defendant entered into a contract for the integrated service contract with the Plaintiff, which is three years from the term of the contract.

(hereinafter referred to as “the instant lease contract”). (C)

The main contents of the terms and conditions of the Plaintiff’s service use (hereinafter “instant terms and conditions”) are as follows:

Article 3 (Conditions of Use of Services)

B. The defendant must use the VN service provided by the plaintiff during the contract period.

C. Where a business owner is changed due to extenuating circumstances, the defendant shall, in principle, compensate for damages in accordance with the standards for compensation for damages under Article 8.

Article 5 (Service Charges)

C. The defendant shall pay to the plaintiff the user fee of KRW 11,00 per month in using the plaintiff's VN service.

Article 6 Contract Terms

(b) the terms of the VIN service shall be sixty months from the date of the contract;

Article 8 (Standards for Compensation for Damages) Where a violation of Articles 3, 5, and 6 occurs to the Defendant;

(b) In the case of VIN services, the Plaintiff shall be liable for damages (the amount of service fee for business support equipment) and (the average number of monthly use x 10 won x 110 months) that the Plaintiff provided to the Defendant.

On June 1, 2015, the Defendant closed the business without succession procedures, and the Plaintiff, on June 17, 2015, sent to the Defendant a certificate of the content of termination of the instant lease contract and the claim for the payment of penalty on the grounds of such Defendant’s breach of contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant discontinued without succession to the lease contract of this case, and pursuant to Articles 3 and 8 of the terms and conditions of this case, the defendant is equivalent to 16,832,320 won in total to the plaintiff.

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