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, and the Defendant is a pharmacist who operates a “B pharmacy” in Seongbuk-gu Seoul Metropolitan Government.

B. On August 20, 2012, the Defendant entered into a contract for the use of the Do-based service (hereinafter “instant contract”) with the Plaintiff to lease credit card terminals and supplementary equipment free of charge from the Plaintiff and to use the credit card transaction approval service using the card devices provided by the Plaintiff for a period of 36 months.

C. The Defendant used a credit card device, etc. provided by the Plaintiff from August 29, 2012 pursuant to the instant contract, but requested the Plaintiff to terminate the contract as the credit card payment delayed. The Plaintiff collected the credit card device, etc. on August 29, 2012.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Defendant used the Plaintiff’s credit card transaction approval service during the agreed period, but in violation of this provision, the Plaintiff used the Plaintiff’s credit card transaction approval service on 9 days after entering into the contract. As such, the instant contract was terminated due to the Defendant’s fault, and the Defendant is liable for compensating for damages of KRW 1,290,000 according to the Plaintiff’s terms

B. Where a judgment contract has been rescinded, barring any special circumstance, a party may not claim damages due to nonperformance, such as a special agreement to compensate the other party or a declaration of intent to reserve the claim for damages at the time of such rescission.

(See Supreme Court Decision 86Meu147 delivered on April 25, 1989). In this case, since the conclusion of a contract, there were problems such as delay in approval on payment in the credit card terminal provided by the Plaintiff, the Defendant requested the Plaintiff to terminate the contract.