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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
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 a person who operated the business in Seocho-gu Seoul Metropolitan Government as “B”.
B. On August 13, 2012, the Defendant: (a) leased one credit card device, one signature tag, etc. from the Plaintiff without compensation; and (b) concluded a contract on the use of broadband services 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 of the instant contract, if the Defendant did not use the bareboat service and equipment provided by the Plaintiff during the period of the mandatory contract, he/she shall compensate the Plaintiff twice in accordance with the standard of the details of support.
(Article VII). (d)
From August 13, 2012, pursuant to the instant contract, the Defendant used credit card terminals, etc. provided by the Plaintiff at the above stores operated by the Defendant, and closed down the above stores on or around July 21, 2014, and subsequently the Defendant discontinued the use of the said equipment. On or around November 24, 2014, the Plaintiff notified the Defendant of his intention to terminate the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The Plaintiff’s assertion that the contract of this case was terminated by the Defendant’s cause attributable to the Defendant, so the Defendant is obligated to pay the Plaintiff the damages totaling KRW 5,627,780 (=792,000 KRW 154,000 KRW 700,000 KRW 1,056,000 KRW 225,780,000 KRW 225,780,000) and damages for delay, in accordance with the Plaintiff’s terms and conditions of the contract of this case applicable to the contract of this case.
(1) Terminal: 396,00 x 2 = 77,00 won (2) x 350,000 won x 2=154,000 won x 350,000 won x 2=700,000 won x 2 =350,000 won x 2 =30,000 won x 2 =300,000 won x 22,00 won x 222,00 won x 24 months x 24 months x 2 = 1,056,00 won x 2,890 won x 2,225,780 won x 780 won: 300,00 won (CCTV) x 4 x 2,40,000 won x 2,400,00 won.