beta
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 is a pharmacist who operates a “C pharmacy” in Daejeon Jung-gu.
B. On March 14, 2013, the Defendant leased one credit card terminal device worth KRW 396,000 from the Plaintiff, and 77,000, free of charge, and provided DC services and management services (monthly 11,000). However, during the agreement period of 36 months, the Defendant entered into an agreement on the use of B-ISDN services (hereinafter “instant agreement”).
C. According to the terms and conditions of the instant contract, if the Defendant did not use the broadband service and equipment provided by the Plaintiff during the period of the mandatory contract, the Plaintiff is liable to compensate the Plaintiff twice the value of the leased equipment (the terminal, signature, etc.), and the monthly DC service and the management service (the exempted month).
(Article VIII. D.)
The Defendant, pursuant to the instant contract from March 14, 2013, used a credit card device, etc. provided by the Plaintiff at a pharmacy operated by the Defendant, but discontinued the use of the foregoing equipment on or around February 9, 2015, and returned it to the Plaintiff around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings
2. The Plaintiff’s assertion that the contract of this case was terminated due to the Defendant’s cause attributable to the Defendant, so the Defendant is obligated to pay the Plaintiff the following damages amounting to KRW 2,511,660 (= KRW 792,00,000, KRW 300,000, KRW 506,000, KRW 759,660) in accordance with the Plaintiff’s terms and conditions of damages applicable to the contract of this case.
(1) Terminal: 396,00 won x 2 = 77,000 won x 2=154,000 won x 150,000 won x 2=30,000 won x 2=300,000 won.