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1. The Defendant’s KRW 17,526,490 for the Plaintiff and 5% per annum from July 21, 2018 to May 28, 2019.
Reasons
1. Basic facts
A. On October 10, 2014, the Plaintiff entered into a contract with the Defendant to provide Internet and IPTV services (hereinafter “instant contract”) on a building used by the Defendant as an employee dormitory within a three-year period of time. The service details that the Plaintiff agreed to provide to the Defendant are 80 Internet conference players, 5,130 unit price, 80 unit price, 3,420 unit price, 314 unit price, 314 unit price, 314 unit price, 314 unit price, 190 unit price, 19,000 unit price.
B. According to Article 19 of the Plaintiff’s Internet Use Clause, Article 16 of the said Terms and Conditions, and Article 16 of the said Terms and Conditions, the Plaintiff shall make a prior contract for the service period and discount the fixed amount of fees during the contract period, and shall refund the additional discounted fees when the contract period is terminated or the contract period is reduced (the discount rate: (i) the discount rate: (i) the discount rate: (ii) the contract period discount rate ? (period discount rate ? the service period discount rate) 】 the service period discount rate]. According to Article 24(7) of the said Terms and Conditions, the Plaintiff may not impose a penalty if the Plaintiff did not state the details and value of the payment of premiums, etc. in the service contract, or did not notify the user thereof.”
C. Although the remainder of the period of use, excluding the period of service interrupted upon Defendant’s application, was less than three years, the Defendant terminated the instant contract on April 25, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, 7, 9, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings
2. Determination
A. The fact that the Defendant did not pay usage fees of KRW 2,526,490 under the contract of this case does not conflict between the parties.
B. The Defendant’s obligation to pay the discounted amount for the portion of the claim for the discounted amount is the conditions and criteria for the imposition of the discounted amount under the instant contract.