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(영문) 서울서부지방법원 2015.08.21 2014나33653
손해배상(기)
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, and the Defendant is a pharmacist who operates a “C pharmacy” in Gwangjin-gu Seoul Special Metropolitan City.

B. On August 2, 2012, the Defendant: (a) leased one credit card device and one signature tag from the Plaintiff without compensation; (b) concluded a contract for the use of the credit card device to support the Defendant of KRW 30 per case out of the fee that the Plaintiff received from the credit card company as the credit card device and signature tag were made by using the said credit card device and signature tag for the agreed period of 36 months (hereinafter “instant contract”).

C. On August 2, 2012, the Plaintiff installed a credit card device and a signature tag at the Defendant’s pharmacy. The Defendant used the said credit card device until August 10, 2012, and returned it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the Defendant’s cause of the claim terminates due to the cause attributable to the Defendant by replacing the credit card device provided by the Plaintiff at will on August 2012, the Defendant is obligated to pay the Plaintiff the agreed damages amounting to KRW 1,654,00 in accordance with the terms and conditions of the Plaintiff’s damage compensation agreement applicable to the instant contract (i) [1] [20,000 won in signature failure, ② KRW 70,000 in construction cost ③ KRW 100,00 in construction cost, ④ KRW 297,00 in the period of non-use (i.e., 27 months x 11,00)] x 2] 1,092,00 in part of the Plaintiff’s damages amounting to KRW 2].

B. 1) In addition to the statements in Gap evidence Nos. 2 and 3, if the defendant did not perform the mandatory use period of the contract of this case, the defendant shall be held liable twice in accordance with the standard of the amount of support (Article 7, and the records provided by the plaintiff to the defendant in relation to the contract of this case).

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