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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals (hereinafter referred to as “C pharmacy”), and the Defendant is a pharmacist operating the “C pharmacy” in Yangcheon-gu Seoul Metropolitan Government.
B. Around June 18, 2014, the Defendant: (a) leased one credit card terminal device and one signature tag from the Plaintiff without compensation; (b) used the Plaintiff’s credit card inquiry service; (c) exempted the monthly user fee and installation expenses; and (d) concluded a service contract to pay KRW 50 per inquiry fees (hereinafter “instant contract”).
C. The Plaintiff’s service terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) are printed on the back of the instant contract. The main contents of the instant terms and conditions are as follows.
Article 3 (Conditions on Use of Services)
B. The defendant must use the VN service provided by the plaintiff during the contract period.
Article 6 (Term of Contract)
(b) the terms of the VIN service shall be sixty months from the date of the contract;
Article 8 (Standards for Compensation for Damages) Where a violation of Articles 3 and 6 occurs to the Defendant;
(b) In the case of VIN services, the Plaintiff shall be liable for the damages (for the monthly average number of monthly use x 110 won x the agreed month) provided to the Defendant;
Wire-type terminal terminal: 550,000 won, radio-type terminal: 450,000 won, signature failure: 150,000 won
D. On June 18, 2014 under the instant contract, the Plaintiff installed a credit card device and a signature tag at the Defendant’s pharmacy. The Defendant used the said credit card device by July 1, 2014, and returned it to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 2-1, 2, Eul evidence 4, Eul evidence 6, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant asserted that the Plaintiff did not comply with the agreed term of 60 months at the time of entering into the instant contract.