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1. The Defendant’s KRW 392,490,739 as well as the Plaintiff’s annual rate of 6% from June 21, 2014 to August 7, 2015.
Reasons
1. Indication of claim;
A. The Plaintiff is a company mainly engaged in telecommunications business, etc., and the Defendant is a person who operates a private company called “B”, the main business purpose of which is software development and supply, server leasing, etc.
B. On April 24, 2013, the Defendant entered into a U businessnet service contract (hereinafter “instant contract”) between the Plaintiff and the Plaintiff (hereinafter “instant contract”). The main contents are as follows.
The period of use: The monthly user fee for five years from April 26, 2013: 310,000 won (excluding value-added tax) shall be imposed on the discounted fee during the period of use pursuant to Article 43 (Calculation Method of User Fees) of the Terms and Conditions of Use (excluding Value-Added Tax), and additional benefits provided under the terms and conditions of a regular contract shall also be refunded.
The method of calculating the amount to be refunded on a regular contract discount = (the monthly user fee before discount x the month of use x (the period of contract application - the period of use)
C. The Defendant did not pay monthly user fees to the Plaintiff from December 2, 2013 to May 2014.
Accordingly, on May 9, 2014, the Plaintiff terminated the instant contract on the grounds that the Defendant did not pay monthly rent.
However, upon receiving a request from the Defendant on June 11, 2014 that “the Plaintiff would pay the monthly rent, etc. for the extension of the period”, the Plaintiff extended the payment period of monthly user fee, etc. by June 20, 2014, but the Defendant did not pay monthly user fee, etc. to the Plaintiff by the payment deadline.
E. Therefore, as the Plaintiff seeks, the Defendant: (a) KRW 392,490,739 (a total of KRW 16,738,543, KRW 375,752, KRW 197 = 392,490, KRW 740) as the Plaintiff seeks, and (b) as to the promotion of each lawsuit by 15% per annum from June 21, 2014 to August 7, 2015, which is the day following the due date of the payment extended by the Plaintiff; (c) KRW 6% per annum as prescribed by the Commercial Act from the following day to September 30, 2015, the delivery date of a copy of the complaint in this case; and (d) KRW 15% per annum from the following day to the day of full payment.