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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. Facts of recognition;
A. The Plaintiff is a person who operates a cafeteria located in Mapo-si C and 1st floor, and the Defendant is a person who operates Ma for the purpose of installing, operating, and selling Mas(POS) and card terminals.
B. On March 4, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the 1 set of 1 set of POS devices, 2 set of POS main body, 1 set of wald, and CR1 set of devices, etc. (hereinafter “POS devices, etc.”). The details of the agreement are as follows.
POS/Credit Card Lease Contracts - Rent 132,00 won per month, 132,00 won per month, 132,000 won per month, 400 or more of the approval number of credit cards and check cards, 132,000 won per case of less than 400 cases, - Non-Support of 132,00 won per month, paper, A/S
C. The Plaintiff, at the Defendant’s request on the same day, signed an agreement on installment financing purchase of KRW 132,00 in monthly installments, KRW 36 months in installment period, and KRW 4,752,00 in total sales price, and expressed his/her intent to consent to the telephone to ask for consent to installment financing, which has been discharged from the rink Capital.
On March 14, 2016, the defendant installed sprinkling equipment, etc. in the restaurant operated by the plaintiff.
E. On April 18, 2016, the Plaintiff explained to the Defendant on April 18, 2016 that there is no problem of monthly rent at least 400 items. On April 5, 2016, the Plaintiff: (a) Party A (hereinafter referred to as “scopic device installment”) was released from KS Capital; (b) was not given originals, such as a lease agreement; (c) was additionally withdrawn from the card terminal rent of KRW 11,000 (hereinafter referred to as “credit card terminal rent”) that is not specified in the contract; and (c) was additionally withdrawn from the card terminal rent of KRW 10,640 (hereinafter referred to as “credit card terminal rent”) that is not specified in the contract as of April 14, 2016.