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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
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, etc., and the Defendant is a person who operated a business with the trade name of “C pharmacy” in Seo-gu Incheon City.
B. On November 28, 2013, the Defendant: (a) leased one credit card terminal device equivalent to KRW 450,000 from the Plaintiff without compensation; and (b) entered into a contract for the use of broadband services (hereinafter “instant contract”) with the card terminal offered by the Plaintiff to use the credit card approval service for the period of 36 months (from November 28, 2013 to November 27, 2016).
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 obligatory contract, the Plaintiff is entitled to compensate the Plaintiff for the amount of the contractual month: ① the value of the leased equipment (such as the terminal 450,000, signature par150,000, etc.) provided by the Plaintiff, and ② the average monthly use number x 10 won x 110 x the amount of the contractual month.
(Article VIII. D.)
The Defendant, pursuant to the instant contract from November 28, 2013, used a credit card device, etc. provided by the Plaintiff at the pharmacy operated by the Defendant from November 28, 2013, but discontinued the use of the foregoing equipment on or around December 4, 2013, and returned it to the Plaintiff around that time.
[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 due to the Defendant’s fault, and thus, the Defendant is obligated to pay the Plaintiff totaling KRW 3,517,160 [the sum of KRW 450,00, KRW 150,000, KRW 150,000, KRW 111,000, and KRW 2,756,160, and KRW 2,756, and KRW 160, in accordance with the Plaintiff’s terms and conditions of the contract of this case, which are applicable to the contract of this case.”