1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On October 3, 2003, the Internet telephone communications business operator, Big Youth, Inc. (hereinafter “BB Youth”) concluded an Internet telephone use contract (hereinafter “instant telephone use contract”) with the Defendant, which had been engaged in the alternative service with the trade name B as of October 3, 2003, and installed a device that makes it possible to make the Internet phone (hereinafter “instant device”) at the Defendant’s business site. However, among the above telephone use contract, the contents related to the instant case are as follows.

A customer of the damage compensation and the loss of the due date under Article 6 shall be deemed to lose the benefit of the due date when any of the following occurs during the contract period prescribed in Article 4, and shall be liable in accordance with the standards set by the Big Youth Act:

(5) Where a contract is terminated due to unilateral reasons by a customer during the period of compulsory use, the customer’s obligation to return or recover the device under Article 10 shall terminate the contract after the period of compulsory use expires.

The obligation to return at the time of the cancellation or the middle of the agency shall be borne by the customer, and when the payment or the non-payment is not made, the Bigianel may request the customer to reimburse the cost of equipment (4.90,000 won).

Audio-phone / Telephone service termination penalty and guidance on claim for damages

2.The calculation of penalty for termination and damages for breach of this contract shall be based on the following formula, and the rate of arrears applied by the customer to the Bigate shall be 2% per annum:

- Terminations after completion of subscription (for each subscription set) = 150,000 won (basic penalty for telecommunication charge) - (total use charge for telecommunication on the basis of fixed-term telecommunication charge) - (on the basis of the total payment charge for a telecom) the cost of apparatus when failing to pay the device (490,000 won-

3. If the customer fails to pay the service charges for more than one month, the Big Youth may suspend the customer’s telephone use before and after the notice of the telephone, and the Big Youth may request the customer to pay arrears, arrears, and ex officio penalty.