1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On July 2, 2012, the Plaintiff entered into a contract with the Defendant, who operates a restaurant under the trade name of “C”, under which the Plaintiff: (a) the Plaintiff agreed to lend the water purifiers and the water purifiers at three years, and monthly rent of KRW 44,800 (hereinafter “instant lending contract”); and (b) the Plaintiff installed water purifiers and the water purifiers in the instant restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government D.

B. Notwithstanding the Plaintiff’s continuous demand for the payment of the loan fee, the Defendant unpaid a monthly amount of KRW 89,600 equivalent to the monthly loan fee for two months until January 30, 2014, and the Defendant terminated the instant loan contract ex officio.

C. The penalty for termination of the contract is KRW 301,920,000 even during the period of compulsory use for three years at the time of termination of the contract of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the Plaintiff’s cause of claim, the instant lending contract was terminated due to the Defendant’s failure to pay monthly rent, and the Defendant is obligated to pay to the Plaintiff 4,800 won in total and KRW 301,920 in total and KRW 391,520 (= KRW 44,800 in total and KRW 301,920 in total) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 23, 2015 to the date of full payment, as the Plaintiff seeks.

B. First of all, the Defendant asserted that the Plaintiff agreed to exempt the Plaintiff’s employees from penalty due to nonperformance of the mandatory use period of three years at the time of leaving the instant water purifiers and rains. Thus, according to the Plaintiff’s evidence No. 1, the Defendant signed the instant loan agreement with the Plaintiff, and signed and sealed the Defendant’s letter of agreement, personal credit information inquiry and provision consent, and written consent of assignment of claims, other than signing and sealing on the instant loan agreement with the Plaintiff, and signed and sealed the confirmation letter that the said product is an obligatory use agreement for 36 months.