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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 operates a “B pharmacy” in Namyang-si.
B. On December 3, 2012, the Defendant: (a) leased one credit card device and one signature tag free of charge from the Plaintiff; and (b) concluded a contract on the use of broadband service 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 a period of 60 months (hereinafter “instant contract”).
C. According to the terms and conditions of the instant lease agreement, if the Defendant did not use the bareboat service and equipment provided by the Plaintiff during the period of the mandatory contract, the Plaintiff is entitled to compensate twice the value of the leased equipment (a terminal amount of KRW 360,000, signature 70,000, each value-added tax is separate), and DC usage fees (a monthly 11,000 x month) provided by the Plaintiff.
(Article VIII. D.)
From December 3, 2012 pursuant to the instant contract, the Defendant used a credit card device, etc. provided by the Plaintiff at the above pharmacy operated by the Defendant, and used another company’s credit card device around January 20, 2015, and subsequently came to discontinue using the Plaintiff’s satellite service and equipment. Around January 21, 2015, the Defendant notified the Defendant of the intent 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. Since the Plaintiff’s assertion contract of this case was terminated due to the Defendant’s fault, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 6,328,640 (= KRW 792,00, KRW 154,000, KRW 300,000, KRW 572,510,640) and delay damages amounting to KRW 572,00,00, pursuant to the Plaintiff’s terms and conditions of damages,
(1) Terminal: 396,00 won x 2 = 77,00 won x 2=154,000 won x 150,000 won x 2=30,000 won x 2=300,000 won.