Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On September 29, 2010, the Plaintiff entered into a contract with the Defendant to supply the Defendant’s children’s children’s learning papers at KRW 60,000 per month for 24 months (hereinafter “instant contract”). On September 29, 201, the Plaintiff issued to the Defendant a total of KRW 115,000 (= KRW 50,000, 65,000).
B. From October 5, 2010 to January 4, 2011, the Plaintiff supplied the Defendant with a 12-minute (three-months) learning site. However, the instant contract was terminated around that time by the Defendant’s failure to pay subscription fees.
C. Meanwhile, Article 4 of the instant contract provides that, where a contract is to be terminated after 14 days from the date of the contract, a penalty equivalent to 10% of the remaining subscription fees (hereinafter “compensation for breach of contract”) and the purchase price of evidential materials paid under the condition to save learning materials shall be compensated for the amount calculated by applying the loss rate according to the subscription period (hereinafter “compensation for breach of trust”).
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant shall, barring special circumstances, pay 176,10 won unpaid subscription fees to the plaintiff (180,000 won for three-month subscription fees - 3,890 won for subscription fees paid by the plaintiff), 126,00 won for termination of the contract (126,00 won for termination of the contract = (10% for total contract amount - 1,440,000 won - 180,000 won for three-month subscription fees) 】 100,625 won for increase of 15,00 won for increase of 1,197 - 1,195,000 won for 3-month subscription fees - 1,000 won for purchase of 1,000 won for 1,000 won for 3-month subscription fees x 1,000 won for 160 won for promotion of litigation x 1060160 won for the plaintiff)