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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, and the Defendant is a person who operated a “B pharmacy” in Geumcheon-gu Seoul Metropolitan Government.
B. On May 3, 2012, the Defendant: (a) leased one credit card device and one signature tag free of charge from the Plaintiff; and (b) concluded a contract on the use of the broadband service with the card device provided by the Plaintiff to use the credit card approval service through the card device provided by the Plaintiff for the agreed period of 36 months (hereinafter “instant contract”).
C. According to the terms and conditions of the instant contract, if the Defendant did not use the bareboat service and equipment provided by the Plaintiff during the period of the mandatory contract, he/she shall compensate the Plaintiff twice in accordance with the standard of the details of support.
(Article VII). (d)
From May 3, 2012 pursuant to the instant contract, the Defendant used a credit card device, etc. provided by the Plaintiff at the above pharmacy operated by the Defendant, and discontinued the use of the equipment at the above pharmacy on August 14, 2013. The Plaintiff notified the Defendant of his intention to terminate the instant contract on November 24, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The Plaintiff’s assertion that the contract of this case was terminated due to the Defendant’s cause attributable to the Defendant, so the Defendant is obligated to pay the Plaintiff the sum of KRW 2,59,580 (= KRW 792,000, KRW 154,000, KRW 704,000, KRW 649,580, pursuant to the Plaintiff’s terms and conditions of damages applicable to the contract of this case.
(1) Terminal: 396,00 x 2 = 77,00 won x 2=154,000 won x 150,000 won x 2=30,000 won x 2=300,000 won x 16 months x 16 months x 24,790 won x 2:649,580 won.
3. Determination
A. According to the facts found above, the defendant was provided by the plaintiff for 15 months.