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1. From May 31, 2016 to August 25, 2017, the Plaintiff’s KRW 407,330 against the Defendant among the judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals (hereinafter “VN”) and the Defendant is a person who operated a pharmacy in Seongbuk-gu Seoul Metropolitan Government with the trade name of the C Pharmacy.
B. On January 15, 2014, the Plaintiff and the Defendant concluded a service use agreement with respect to credit card terminals and supplementary equipment used at the said Contracting State for a period of 36 months (from January 16, 2014 to January 15, 2017).
(hereinafter “instant contract”). C.
The main contents of the terms and conditions of the Plaintiff’s service use (hereinafter “instant terms and conditions”) are as follows:
Article 3 (Terms and Conditions of Lease)
B. The defendant must use the VN service provided by the plaintiff during the contract period.
C. The defendant shall, in principle, succeed to the contract where the business owner is changed due to unavoidable circumstances, and if the business owner is unable to succeed, he/she shall compensate in accordance with the standards for damages.
The defendant may not enter into a service contract with a third party with terms similar to this contract within the agreed period.
Article 5 (Service Charges) The defendant shall pay the amount of 11,00 won per month designated by the plaintiff during the contract period in using the plaintiff's service.
§ 6 (Term of Contract). The term of contract shall be the mutually agreed term of contract
Article 7 (Termination of Contracts)
A. If the defendant violates Article 3, the plaintiff shall set a grace period for one week and request correction, and if the defendant fails to comply with the request, he/she shall be liable for damages under Article 8.
Article 8 (Standards for Compensation for Damages)
C. When the business is discontinued during the agreed period or the business is not succeeded to, the defendant shall pay the plaintiff [the remaining months of the agreement x (service user fee + communication fee] in lump sum, and the lease equipment shall be returned.
C. On March 10, 2014, the Defendant closed the said C Pharmacy.
[Reasons for Recognition] A. A. Each entry of Gap evidence Nos. 1, 2, and 3, and this Court's internal duty.