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.

1. Facts of recognition;

A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals (hereinafter referred to as the “C”), and the Defendant is a person who operated the business with the name of “C” in Mapo-gu Seoul Metropolitan Government.

B. On March 26, 2013, the Defendant: (a) leased one credit card device and one signature tag from the Plaintiff without compensation; and (b) concluded a contract on the use of the block service (hereinafter “instant contract”) for the agreed period of 36 months (from March 26, 2013 to March 25, 2015) with the Plaintiff’s card device to use the credit card approval service via the card device provided by the Plaintiff.

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 March 26, 2013, 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 31, 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 due to the Defendant’s fault, and thus, the Defendant is obliged to pay the Plaintiff the damages amounting to KRW 1,598,000 (= KRW 792,000, KRW 154,000, KRW 352,000) and damages for delay as follows, in accordance with the Plaintiff’s terms and conditions of damages applicable to the contract of this case

(1) Terminal: 396,00 x 2 = 77,00 won (2) x 2=154,000 won x 150,000 won x 2=30,000 won x 2=300,000 won (4) x 11,000 won x 16 months x 2 = 352,00 won.