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(영문) 서울서부지방법원 2017.06.20 2016나3151
위약금
Text

1. Of the judgment of the first instance court, KRW 1,977,026 against the Plaintiff and its related thereto, from February 19, 2016 to June 20, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals (hereinafter referred to as VN and Valzed Network), and the Defendant is a person who operates a marina in the trade name of “B.”

B. On September 21, 2014, the Plaintiff and the Defendant concluded a credit card inquiry and license service contract (hereinafter “instant contract”) with the content that the Plaintiff leases one digital signature tag equivalent to KRW 495,000 to the Defendant for 36 months (hereinafter “instant contract”). On September 21, 201, the Plaintiff provided the Defendant with subsidies of KRW 60 (including value-added tax) and KRW 100,000 for each credit card settlement case, and agreed that the Defendant may terminate the instant contract if the Plaintiff did not pay the subsidies.

C. The Plaintiff paid KRW 100,000 to the Defendant on October 14, 2014. From October 2014 to September 2015, the Plaintiff paid KRW 152,604 as subsidies for October 28, 2014; KRW 140,670 as subsidies for December 31, 2014; KRW 84,348 as subsidies for December 30, 2014; KRW 81,756 as subsidies for March 20, 205; and KRW 84,348 as subsidies for December 30, 2014; KRW 81,756 as subsidies for February 27, 2015; and KRW 15,305 as subsidies for May 20, 2014; and KRW 34,50 as subsidies for May 31, 2015; and KRW 45,2015 as subsidies for May 20, 2015.

However, on October 21, 2015, the Defendant replaced the card terminal, etc. to another company. Accordingly, on January 5, 2016, the Plaintiff “as the Defendant suspended the use of the Plaintiff’s service on October 21, 2015, the contract term of this case, and replaced it with the other company’s device and thus, paid damages for breach of the contract.”

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