(영문) 서울남부지방법원 2019.11.07 2018나62605

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(영문) 서울남부지방법원 2019.11.07 2018나62605

사용료

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,331,590 and KRW 1,140,090 among them.

Reasons

1. Facts of recognition;

A. On December 10, 2014, the Defendant entered into an online newspaper brokerage contract (hereinafter “instant contract”) under which the Plaintiff would be provided with the Plaintiff’s service of leasing newspapers and supplying news articles by setting the contract period as one year from the contract date, six months from the compulsory use period, and 44,000 won per month from the contract date, and received the service under the instant contract from December 16, 2014.

Of the terms and conditions of the instant contract, the provisions pertaining to the instant case are as follows.

Article 6 (Suspension of Utilization)

1. The plaintiff may immediately suspend the service to the user in the following cases:

In this case, all of the terms of the contract will be reversed.

- Article 10 (Contract Period and Termination) Where the Defendant has failed to pay user fees for at least two months;

1. In order to file an application for the termination of a service, the Defendant shall notify the Plaintiff as to whether the service is terminated at least 10 days before the end of each month, and if the application for the termination is not filed by 10 days before the end of each month, it shall be deemed that there is no intention to terminate the service use and thus

2. The term of the contract shall be automatically extended once a year on the same condition unless there is an application for termination for a one-year period, and if there is no separate notice at the maturity, it shall be automatically extended one-year on the same condition.

4. The Defendant’s application for termination of the service is to prepare and send to the Plaintiff the form of application for termination by facsimile, and it is concluded by the Plaintiff’s approval and sending confirmation mail or facsimile.

5. The defendant shall keep the termination confirmation note or facsimile sent by the plaintiff after filing an application for termination.

6. If the contractual period is in existence, 100% of the remaining user fee shall be paid as penalty upon termination of the contract.

7. If there is a period of compulsory use, 100% of the remaining usage fees shall be paid as penalty for early termination.

Article 13 (Claim for Fees for Use)

1. The service charges and unpaid charges to be paid every month shall be no later than the first day of the following month.

유사 판례

-서울서부지방법원 2018.07.18 2017가합40733

-서울서부지방법원 2016.06.16 2016나30719

-서울남부지방법원 2019.06.20 2018나60203

-인천지방법원 2017.07.21 2016나64503

-의정부지방법원 2017.08.25 2016나62089