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1. The Defendant: (a) KRW 13,027,915 for the Plaintiff and the Plaintiff’s KRW 5% per annum from September 2, 2016 to May 24, 2017; and (b) May 25, 2017.
Reasons
Basic Facts
The plaintiff is the credit card merchant operator who operates a Djuri station in Soyang-gu Seoul Metropolitan City C.
The defendant is a person who operates the KSnet's agency that provides telecommunications services to approve and relay the payment of prices by credit cards, etc., such as installation of a value-added network (VN), i.e., inquiries and approval of credit cards, etc., purchase of sales slips and settlement of funds.
In January 2014, the Plaintiff and the Defendant agreed to pay a certain amount of subsidy per settlement to the Defendant in cash when concluding a value-added telecommunications service contract.
From February 2014 to March 2016, the number of settlements with the device provided by the Defendant at the Plaintiff’s above gas station is 422,404.
【No dispute over the basis of recognition】 The Plaintiff asserts that: (a) Gap evidence Nos. 1 and 3 (including additional number); (b) Eul evidence Nos. 8; and (c) the Plaintiff’s claim for the purport of the entire pleadings (cash grant) shall receive KRW 31,680,300 (75 won x 422,404) by entering into an agreement to receive KRW 75 won per settlement in cash; (b) the Plaintiff received KRW 6,38,575 from the Defendant from December 19, 2014 to March 5, 2015; and (c) the remainder of KRW 25,341,725 (31,680,30-6,338,575 won) and delay damages should be paid.
First, the statement of evidence Nos. 4 and 5 regarding cash support per settlement case is insufficient to acknowledge the fact that the plaintiff agreed to receive KRW 75 per settlement case from the defendant, and there is no other evidence to acknowledge it. Thus, it is recognized only to KRW 55 as the defendant.
Next, comprehensively taking account of the overall purport of the pleadings, the Defendant’s payment of the cash grant that the Plaintiff completed to the Plaintiff, as indicated in the evidence Nos. 4-1 through 8, the Defendant’s payment to the Plaintiff is recognized as having provided KRW 3,865,730 in cash, in addition to KRW 6,338,575 from December 19, 2014 to March 5, 2015, as well as KRW 3,865,730 from April 27, 2015 to August 6, 2015.