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(영문) 서울서부지방법원 2016.04.08 2015나34868
사용료
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Facts of recognition;

A. On May 17, 2012, the Plaintiff entered into a contract with the Defendant to provide the business goods service (hereinafter “instant service contract”) with the following content.

The duration of the agreement: Three years (from May 2012 to May 2015): 655,000 won (including value-added tax) may be suspended from use in accordance with the terms and conditions in the event of default among the use of the instant business products, and it is impossible to terminate the contract at the time of default and penalty.

When the plaintiff terminates within the period agreed upon, the penalty for breach of contract = Total construction support amount ¡¿ the remainder of the contract under the agreement / the contract period shall be paid.

B. On June 26, 2013, the Defendant notified the Plaintiff of the termination of the instant service use contract, but the Defendant, under the instant service use contract, was unable to terminate the contract on the ground that the amount in arrears remains. As such, the Defendant suspended the use as of June 24, 2013.

At this time, the viewing fee not paid by the defendant is 51,910 won.

C. On August 7, 2013, the Plaintiff notified the Defendant that he would terminate the instant service use agreement after having notified the Defendant of the payment of the amount in arrears, etc. as it had been in the process of using the goods of another company.

The penalty for breach of facility support due to early termination based on the date of termination notice by the Plaintiff on August 7, 2013 is KRW 377,937 [the total amount of support = KRW 655,00 x the remainder of the contract x 695 days / the agreed period / 1,095 (3 years) ± 1.1 (for excluding value-added tax) and less than KRW 1.1 (in order to exclude value-added tax)].

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. The Plaintiff’s assertion was terminated on August 7, 2013, and the Defendant concluded a contract for the use of the instant service, and the Defendant’s payment of unpaid viewing fees from June 1, 2013 to June 23, 2013, respectively, shall be KRW 51,910, and early termination.

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