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. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 2, and 4 may be admitted by taking into account the whole purport of the pleadings:

On February 18, 2013, the Plaintiff completed business registration with respect to B (hereinafter referred to as “instant enterprise”), which is a credit card server and terminal installation company, with respect to the Plaintiff’s business registration. The Defendant operated a restaurant under the law of the Suwon-si, Suwon-si, and closed the said restaurant around August 24, 2015.

B. On January 19, 2015, the Defendant prepared a contract for the lease, maintenance and use of the instant device, etc. (hereinafter “instant contract”) with the purport that the Defendant shall pay 100 won per unit of less than 50 items of monthly agreement by installing a credit card device and terminal (hereinafter “instant device, etc.”) equivalent to the total price owned by the instant enterprise for 2,376,000 won in a restaurant operated by the Defendant, and use it for 36 months during the compulsory use period. The Defendant prepared a contract for the lease, maintenance and use of the instant device, etc. (hereinafter “instant contract”) to the effect that the monthly contract number falls short of 50 items, and deliver it to the side of the instant enterprise.

(2) The Plaintiff and the representative of the instant enterprise, who prepared and delivered the instant contract on the part of the instant enterprise, are deemed to have entered into a contract under the same terms and conditions as the instant contract entered into between the Plaintiff and the representative of the instant enterprise (hereinafter referred to as “instant contract”).

A. The Plaintiff is the actual representative of the instant company, and is a party to the instant contract.

Since the Defendant failed to achieve the number of monthly agreements stipulated in the instant contract, it is obligated to pay the Plaintiff the sum of KRW 1,800,000 (=100 x 500 x 36 months) as damages for the period of the compulsory agreement due to the failure to meet the number of monthly agreements under the instant contract.

In addition, the defendant did not return the instant terminal, etc. to the plaintiff.