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. Facts of recognition;

A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals (hereinafter referred to as VN and Valzed Network), and the Defendant is a person who operates a marina in the trade name of “B.”

B. On May 7, 2014, the Plaintiff and the Defendant concluded a credit card steering agreement and license agreement (hereinafter “instant agreement”) with the Defendant to provide the Defendant with one digital signature tag equivalent to KRW 690,000, and one digital signature tag equivalent to KRW 175,000 for a period of 60 months. The Plaintiff agreed to pay the Defendant 50,000 for each credit card settlement agreement (hereinafter “subsidies”).

C. However, from November 2015, the Plaintiff did not pay subsidies to the Defendant, and the Defendant sent a content-certified mail to the Plaintiff on July 28, 2016, stating that “the contract is deemed to have been terminated because the Plaintiff did not pay subsidies from February 2015,” and around that time, the said content-certified mail sent to the Plaintiff.

On the other hand, on July 26, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “the Defendant suspended the use of the Plaintiff’s service on July 14, 2016, within the contract term of the instant case, and replaced the Plaintiff with the Plaintiff’s device and thus, violated the instant contract, thereby paying damages for breach of the contract,” and the said content-certified mail reached the Defendant around that time.

【Reasons for Recognition】 1, 2, 2, and 2, the purport of the entire pleadings

2. Determination

A. The Plaintiff’s assertion that the Plaintiff did not pay subsidies due to the amendment of the relevant Acts and subordinate statutes, and thus, even though there was no cause attributable to the Plaintiff, the Defendant terminated the instant contract prior to the expiration of the instant contract period. As such, the Defendant was liable for damages to the Plaintiff as stipulated in the instant contract (=13,428,116 won).