beta
Text
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. Occurrence of the defendant's obligation to pay subsidies or remaining installments;
A. On September 4, 2014, the Plaintiff entered into a credit card terminal service contract with the Defendant on September 4, 2014, and the Plaintiff paid KRW 77,000 each month in installments with Samsung Card Co., Ltd. for 36 months, and where the number of monthly payments made by the Plaintiff via the said credit card terminal is more than 200, the Defendant paid KRW 77,000 per month subsidies to the Plaintiff (hereinafter “instant service contract”).
(2) Even though the Plaintiff met at least 200 settlement conditions each month after the conclusion of the instant service provision agreement, the Defendant paid subsidies on March 26, 2015, and thereafter did not pay subsidies until January 18, 2016.
3) However, the Defendant, while paying the subsidy by January 18, 2016, agreed to faithfully perform the payment of KRW 77,000 between the Plaintiff and the Plaintiff as a result of the payment of the subsidy by December 18, 2015, and to pay the total amount of the remaining installment subsidies at the time of not less than six months’ payment (hereinafter “instant agreement”).
(4) Although the Plaintiff met at least 200 settlement conditions by August 2016, the Defendant did not pay subsidies to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 2 and 3, the purport of the whole pleadings
B. According to the facts seen earlier, the Defendant is obligated to pay the Plaintiff KRW 1,617,00 (=77,000 x 36-1,155,000) equivalent to the remaining installment, excluding KRW 1,155,00,00 for the person who was paid to the Plaintiff pursuant to the instant agreement.
2. Judgment on the defendant's assertion
A. The Defendant asserted to the effect that the Plaintiff unilaterally terminated the instant service contract, and thus, the Plaintiff cannot comply with the instant claim. However, as seen earlier, the Plaintiff paid monthly subsidies to the Defendant.