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. Basic facts

A. A network for concluding an agreement and a lease agreement (hereinafter “the network”) is a person who has engaged in a credit card terminal leasing business or value-added telecommunications business (VN) under the trade name “D.”

On January 12, 2012, the Deceased and E Association (hereinafter referred to as the “Inward Association”) concluded an agreement on the basic matters, such as the period of medical agreement, penalty, subsidies to be paid periodically to the non-party Association and the franchise store by the Deceased on the lease of a credit card terminal (including a hub share; hereinafter the same shall apply) to the member store of the non-party Association.

On September 14, 2013, the Deceased and the Defendant, a member of the Non-Party Association, leased a device to the Defendant, and for twenty-four months from that day the Deceased leased the device to the Defendant, and if the Defendant fails to comply with the period of the mandatory agreement, the Deceased and the Deceased concluded a lease agreement to compensate the Plaintiff for the amount of cash, service charges, etc. provided by the Plaintiff as a penalty.

In the lease contract between the deceased and the defendant, the agreement entered into between the deceased and the non-party association is first applied.

B. In 2014, the deceased did not pay back the subsidies to the non-party association after February, 2014, and the deceased did not pay back the subsidies.

As a result, F is a fraudulent and agent of the deceased on May 12, 2014 20,989,047 won by the deceased on May 12, 2014.

5. up to five months, such as full payment, by the due date for the time limit for deferment, and if it is not possible to pay this, the non-party association has drawn up a certificate that the period of mandatory agreements with members and the claim for penalty is extinguished in accordance with the above agreement.

On August 19, 2014, the Plaintiff failed to pay in full the fee for the advertisement of the Association until the grace period, and the F re-verificationd that the period of the mandatory agreement with the members and the claim for penalty was extinguished.

C. The Defendant’s mobile device company changed according to the Defendant’s written confirmation to the Nonparty Association.