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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.
Reasons
1. Facts of recognition;
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, and the Defendant is a person who operates a “B pharmacy” located in Osan City.
B. On August 9, 2014, the Defendant: (a) leased one credit card device and one signature tag free of charge from the Plaintiff; and (b) concluded a contract on the use of the broadband service with the card device provided by the Plaintiff to use the credit card approval service through the card device provided by the Plaintiff for the agreed period of 36 months (hereinafter “instant contract”).
C. According to the terms and conditions of the instant contract, if the Defendant did not use the bareboat service and equipment provided by the Plaintiff during the period of the mandatory contract, the Plaintiff agreed to compensate the Plaintiff for business subsidies, the amount of equipment (the 550,000 won of the Excursion Terminal, the signature tag 150,000 won), service usage fees, and damages (the average number of monthly use x 10 won x the agreed month).
From August 9, 2014, pursuant to the instant contract, the Defendant used a credit card device, etc. provided by the Plaintiff at the pharmacy operated by the Defendant, and subsequently discontinued the Plaintiff’s use of the Ban (VN) service by other companies around March 23, 2015. The Plaintiff notified the Defendant of his intent to terminate the instant contract at that time.
E. The Defendant received work allowances of KRW 604,000 in total from the Plaintiff until the termination of the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. The parties' assertion
A. Since the contract of this case was terminated due to the Defendant’s fault, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 16,807,800 (=50,000 KRW 150,000 KRW 150,000 KRW 150,000 and KRW 88,000 KRW 15,265,800) and damages for delay, in accordance with the Plaintiff’s terms and conditions of the contract of this case, which are applicable to the contract of this case.
(1) Terminals: 50,000 won. (2) Signature failures: 150,000 won.