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The defendant shall pay 30,182,000 won to the plaintiff and 15% per annum from November 24, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who received the transaction partner of the E on June 1, 2015 while jointly operating the “E” with D as the partnership business and organizing the partnership relationship with D and conducting personal business with D as the trade name “F,” and the Defendant is a person who operates Schlage with the trade name “G.”
B. The Plaintiff and the Defendant entered into a card terminal with the content that “E” is obliged to use the Defendant’s card terminal from Mar. 2018 to Mar. 2018, under the condition that “E” is mandatorily required to use the Defendant’s card terminal, a card terminal with the content that the Defendant uses the source body, etc. supplied and supported, and a standard service contract with the POS sales free of charge, and a service contract (hereinafter “instant contract”).
C. According to the instant contract, the Plaintiff subsidized KRW 15,091,00,00, including four parts of spokes and cash, to the Defendant. According to Article 11 of the instant contract, where the Defendant, a chain store, uses other similar functions within the contract period, the Defendant, a chain store, shall compensate the Plaintiff for the costs twice the goods supplied and provided by the Plaintiff.
The defendant suspends the use of the plaintiff's card terminal without fulfilling the mandatory use period of the above contract and uses other company's card terminal.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of claim, since the defendant changed the contract period stipulated in the contract of this case to other type of equipment before the expiration of the contract period, pursuant to Article 11 of the contract of this case, the defendant is obligated to pay 30,182,000 won with the equipment and cash 15,091,000 won provided by the plaintiff while entering into the contract of this case and the delay damages calculated at the rate of 15% per annum from November 24, 2016 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case.