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. Facts of recognition;

A. The Plaintiff is a person who leases and manages a credit card inquiry terminal under the trade name of “C” and provides additional communications services related thereto, and the Defendant is a person who operates a restaurant under the trade name of “D.”

B. On June 12, 2014, the Plaintiff entered into a contract with the Defendant to lease a credit card inquiry device (hereinafter “instant device”) to the Defendant without compensation and to provide ancillary telecommunications services related thereto (hereinafter “instant contract”). The main contents are as follows.

Article 4 (Contract Period and Terms of Establishment) (1) The defendant shall not suspend the use of the products installed by the plaintiff within 36 months, replace them into other products or install additional ones, and guarantee them under this Agreement.

Provided, That where the defendant cancels the contract within the contract period, the third party shall continue to use it at the same place.

Article 5 (Invalidation of Contract in the event of Maintenance, Repair and Replacement of Products) The defendant shall maintain the equipment as a good manager, and the plaintiff shall accept it without compensation in the event of any defect in the manufacture or natural breakdown within the warranty period.

The guarantee period is 12 months from the date of purchase.

Provided, That in the following cases, equipment shall be provided:

(3) The defendant under Article 8 (Compensation for Terminal Use) of the Act shall pay two compensation for the value of the product immediately in breach of the contract, on the ground that the contract is seriously breached if the contract is replaced with another product within the contract period or the additional installation is made within the period of the contract.

하지만 매장이 완전히 없어지거나 더 이상 유지가 어려운 상황일 땐 사업자폐업 즉시 {잔여개월수 × 제품가액 ÷ 36) (이용료 × 잔여개월수) 를 납입하여야...