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1. Of the judgment of the court of first instance, KRW 1,322,400 against the Plaintiff and the Plaintiff’s objection thereto from June 2, 2016 to April 21, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, etc., and the Defendant is a person who operates a pharmacy in the name of “B” in Busan East-gu.
B. On February 19, 2014, the Defendant concluded a contract to use integrated services with the Plaintiff.
(hereinafter “instant contract”). C.
The main contents of the terms and conditions of the Plaintiff’s service use (hereinafter “instant terms and conditions”) are as follows:
Article 3 (Conditions of Use of Services)
B. The defendant must use the VN service provided by the plaintiff during the contract period.
The defendant may not enter into a service contract with a third party with terms similar to this contract within the agreed period.
Article 5 (Service Charges)
C. The defendant shall pay to the plaintiff the user fee of KRW 11,00 per month in using the plaintiff's VN service.
VN service charges shall not be paid upon compliance with the terms of the contract (only upon termination of the contract). Article 6 (Contract Term)
(b) the terms of the VIN service shall be sixty months from the date of the contract;
Article 7 (Termination of Contracts)
A. If the defendant violates Article 3, the plaintiff shall set a grace period for one week and request correction, and if the defendant fails to comply with the request, he/she shall be liable for damages under Article 8.
(b) If the defendant violates Article 5, the contract for telecommunications services shall be automatically terminated, and shall be liable for damages under Article 8, at the time of default on the use of the telecommunications services in paragraphs (a) and (b) for not less than three months.
Article 8 (Standards for Compensation for Damages) Where a violation of Articles 3, 5, and 6 occurs to the Defendant;
(b) In the case of VIN services, the Plaintiff shall be liable for damages (amount of service fees for business support equipment) and (average number of monthly use x 110 x agreed month) that the Plaintiff provided to the Defendant.
The plaintiff provides the defendant with the terminal and signature tag free of charge.