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1. The Defendant’s KRW 7,000 and its amount to the Plaintiff are 5% per annum from May 10, 2014 to November 8, 2016.
Reasons
1. Facts of recognition;
A. In around 2005, the Plaintiff entered into a telephone subscription agreement with the Defendant on the phone number “02-544-2501” (hereinafter “instant telephone use agreement”) with respect to four lines, including three lines of general telephone with the Defendant and three lines of general telephone, “KTIZ Internet telephone,” and “the instant telephone number below the Defendant Company’s office telephone”.
B) On April 23, 2011, the Plaintiff Company transferred the instant phone to a new office located in the Doldong, Seoul. (c) On April 25, 2011, for the sale of golf membership products, the Plaintiff published a full-time advertisement in the Korean Economic Newspapers on April 25, 2011, and made a initial call from some customers due to a breakdown of the instant phone on the same day. However, on the same day, the Plaintiff was unable to receive a call from some customers due to the failure of the instant phone (a lack of grounds for recognition, entry in the evidence No. 1, and the purport of the entire pleadings).
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff’s refusal to receive the instant phone calls led to the collapse of trust on the Plaintiff’s sales of membership, and the Plaintiff had no choice but to suspend the sales of the pertinent goods. The Plaintiff’s failure to comply with the instant telephone use contract, thereby incurring damages equivalent to KRW 83,00,000 ( KRW 10,000,000, advertising fee for sales of membership tickets, KRW 12,000,000, printing fee for promotional products, KRW 5,000,000, office rent of KRW 17,000,000, office rent of KRW 9,000,000, total facility cost of KRW 6,00,000, labor cost of KRW 24,000, which is a part of the Plaintiff.
B. The Defendant’s assertion that all damages the Plaintiff asserted are special damages, which did not have predictability, and thus, the Defendant is not liable for damages, and even if the Defendant is liable for damages, the amount of damages should be calculated according to the basic terms and conditions of telecommunications services use applicable to the instant telephone use contract (hereinafter “instant terms and conditions”).