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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. Facts of recognition;
A. The Plaintiff is a company that aims at the sales and lending of card terminals, and the Defendant is a person who engages in restaurant business in the name of “C”.
B. On March 3, 2017, the Plaintiff entered into a contract with the Defendant for the installation of POS & IC card terminals (hereinafter “instant contract”) with the content that the Defendant would lease the POS two units, a producer’s monitoring one, a set of three sets, a money terminal, a signature tag, one joint signature tag, and a unit of equipment such as a sharing machine (hereinafter “POS”) to the Defendant for free lease and provision of related services by setting the contract period (term of compulsory use) up to March 2, 2020.
C. Article 6 of the “Terms and Conditions for the Sale, Installment, Lease, Maintenance, Repair, and Service of Credit Card Terminal POS Sales” attached to the instant contract provides, “In the case of lease or management, the Defendant shall compensate in a lump sum two times the monthly fixed amount of the remainder of the contract, the product price indicated as the compensation criteria, the cost of applying for new membership to credit card merchants ( KRW 100,000 per credit card merchant and KRW 300,00 per credit card system) and the cost of all the subsidized amount and equipment. In addition, where rent (management cost) is free, the Defendant shall compensate for two times the monthly average number of approvals for the last three months x 100 x 100 won x 100 won x 300,000 won, 300,0000 won, 250,000 won, 250,000 won, 350,000 won, 50,000 won, respectively.”
The Plaintiff provided equipment such as POS free of charge to the Defendant under the instant contract, and provided related services, and the Defendant suspended the use of equipment such as POS leased from the Plaintiff from September 2018 and used equipment leased from other companies.
[Ground of recognition] dispute.