1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The Plaintiff sought payment of KRW 132,00,000, total installation cost, KRW 11,550,000, and KRW 38,500,000, and KRW 182,050,000, under the instant use agreement and the instant agreement against the Defendant, Co-Defendant A, Ltd., Ltd. (hereinafter “Empis”) and the Defendant. The first instance court recognized only the above usage fee and the installation cost, and dismissed the Defendant’s claim for penalty.

Since only the defendant appealed, the object of this Court's adjudication is limited to the above usage fee and installation cost claim.

2. Facts of recognition;

A. The Plaintiff is a company that carries out the distribution project of the digital consular system, and Eths are companies that operate film tubes and run film business, etc., and owns No. 607 of the C building in Bupyeong-gu Incheon Metropolitan Government (E; hereinafter “instant building”).

B. On November 21, 2013, the Plaintiff entered into a contract for the use of the digital cinema system with the content that the Plaintiff sets up six sets of the digital cinema system used for the screening of film, etc. at KRW 1,500,000 per set of the installation cost per set of KRW 1,500,000, and usage fee of KRW 20,000 (hereinafter “instant use contract”). On January 201, 2014, the Plaintiff installed six sets of the digital cinema system in the instant building.

The relevant terms and conditions of the instant contract are as follows.

A. On November 21, 2013, the Plaintiff (hereinafter “A”) and the Plaintiff (hereinafter “B”) enter into a contract with respect to the use of the digital cinema system as follows:

Article 2 (Definitions of Terms) (1) The following terms used in this Agreement shall mean the following terms, and the short term shall be interpreted as the context requires:

1. Digital content: Contents shown using the digital cinema system.