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1. The Defendant shall pay to the Plaintiff KRW 24,574,268 and the interest rate of KRW 20% per annum from February 20, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On June 1, 2012, the Plaintiff entered into a contract with the Defendant that “the Plaintiff would provide the Defendant with credit card terminals and VN-use services.”
hereinafter referred to as "the instant terminal use contract"
B. B. The main contents of the instant contract are as follows: (1) the Defendant is obliged to use the Plaintiff’s device and VN-use services for the compulsory use period of 24 months (from September 2012 to August 2014) instead of receiving contractual subsidies equivalent to the use fees from the Plaintiff.
② If the Defendant ceases to use the instant device without an force majeure without any inevitable reason and fails to use it for at least ten days even after being urged to use the device by the Plaintiff, the contract for the use of the instant device is terminated.
hereinafter referred to as "the termination agreement of this case"
(3) The Defendant’s failure to observe the mandatory use period shall return the loan (business subsidy) paid by the Plaintiff and pay interest equivalent to 20% per annum for the lease period (Article 3(3) of the contract), and compensate for the interest equivalent to 20% per annum for the remaining period of compulsory use as a penalty (see Article 14 of the contract). (4) If the Defendant fails to comply with the mandatory use period, the existing usage agreement becomes null and void, and shall pay the Plaintiff the usage fee at the time of conclusion of the contract (see Article 3(4) of the contract). The Defendant compensates the Plaintiff for damages for the remaining period of compulsory use and the interest equivalent to 20% per annum for the remaining period of compulsory use as a penalty (see Article 14 of the contract). (5) If the Defendant becomes unable to perform this contract due to a force majeure event, such as an accident at a time of war, riot, transportation agency, natural disaster, or any other unforeseen cause, the Plaintiff and the Defendant shall be exempted from all obligations under this contract.
C. The Defendant is from September 20, 2012 to September 5, 2013.