1. The Plaintiff’s Defendant in relation to a credit card terminal leasing contract concluded on April 2016 between the Plaintiff and the Defendant.

1. Basic facts

A. The Plaintiff is a person running F in 2nd floor E in Songpa-gu Seoul Metropolitan Government, and the Defendant is a business operator leasing credit card terminals in the name of G.

B. Around April 8, 2016, the Plaintiff applied for the lease of a credit card device to the Defendant, and the Defendant, on April 18, 2016, installed one credit card device and one digital signature device at the Plaintiff’s workplace.

C. On February 5, 2018, the Plaintiff used the above device, and expressed to the Defendant his/her intent to terminate the rental contract, and returned the above device to the Defendant on February 6, 2018.

The defendant filed a lawsuit against the plaintiff for the payment of 1,50,000 won and interest for delay suffered by the defendant on the ground that the plaintiff did not observe the contract term of the terminal lease contract.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 2, each entry and video

2. The assertion and judgment

A. (1) The Plaintiff and the Defendant concluded a contract for the lease of a credit card device with the Defendant to set the period of the contract at five years, and pay the penalty when the contract is terminated prior to the termination of the contract. As such, the Plaintiff should pay the Defendant penalty of KRW 1,500,000 (two times each of the card device’s KRW 600,000, 150,000).

(2) The Defendant did not inform the Plaintiff of the existence of the contract term and the penalty agreement, and since it notified the Plaintiff of the fact after the contract was terminated, the Plaintiff cannot claim the said agreement against the Plaintiff.

Although the Plaintiff’s author signed the contract, H signed the contract.

Even if there is no authority to conclude the above contract on behalf of the plaintiff, the contract term and the contract for penalty are not effective against the plaintiff.

B. (1) According to the statement in the evidence No. 1 (Agreement on the Lease of Equipment) of Section B, G and franchise stores shall enter into a contract for the lease of equipment for five years, and shall automatically enter into a contract for the lease of equipment if they do not express their intention of termination within one month after the end of the contract.