The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. Basic facts

A. The Plaintiff is a juristic person that is engaged in the sales business of self-readers and door-to-door sales business, etc. under the trade name of “C,” and D (hereinafter “D”) is a juristic person that lends coffees, etc. to customers and receives sirens from customers during the agreed period.

B. The Plaintiff entered into a contract with D to act on behalf of D for the purpose of attracting customers, concluding contracts, etc. (hereinafter “instant agency contract”). The Plaintiff acting on behalf of D’s customers for collection of claims, such as sirens, etc., and if a sirens contract is terminated due to the customer’s change or delay in rental fees, the Plaintiff determined that all liabilities related to D’s claims, such as unpaid sirens, are owed to the Plaintiff.

(c)

On December 2, 2016, the Plaintiff’s sales member E concluded a monthly siren of KRW 66,00 (the monthly siren was increased to 88,000 by adding the amount of supply of coffees immediately after the conclusion of the contract) between D and the Defendant under the instant agency contract (hereinafter “instant siren contract”) and a coffee of the contract term of 39 months set forth in the contract period.

E prepares a siren contract, and then, in the upper end of the contract, the content that “at least 20 days prior to the request for removal after use for more than one year - penalty for breach of trust” (hereinafter “the instant special exemption clause”) was written and delivered to the Defendant by directly entering the type of the goods offered in the middle part.

(d)

The Plaintiff established a coffee machine leased by D to the Defendant under the instant siren agreement, and the Defendant continued to pay D the rental fee of 8,000 monthly from January 5, 2017 to February 5, 2018 by automatic transfer method.

However, around February 2018, the Defendant requested the Plaintiff and E to terminate the contract and remove coffee telecommunication, and the Defendant did not pay a siren by suspending the automatic transfer.

E. On February 27, 2018, the Plaintiff was D.