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1. As to the Plaintiff KRW 43,044,417 and its KRW 9,963,870 among them, the Defendant shall pay to the Plaintiff KRW 43,04,417, and KRW 33,080,547.
Reasons
1. Facts of recognition;
A. The Plaintiff is a software development and lease company, and the Defendant is a company which concluded a lease contract with regard to the Messenger developed by the Plaintiff.
B. On April 1, 2019, the Plaintiff and the Defendant concluded a lease agreement on the “E” (hereinafter “instant contract”) which is a real-time online Meet trading specialized in securities transaction.
According to the instant contract, from April 8, 2019, the Defendant shall pay the monthly fee of KRW 6,800,000 (in the event that the monthly fee exceeds 800,000, the monthly fee shall be added) when using the Plaintiff’s Messen from April 8, 2019, and the Defendant’s mandatory use period is one year, and where the Defendant violates the mandatory use period, the Defendant shall pay the fee for the remaining contract period as a penalty.
C. The Plaintiff accepted the Defendant’s request that the financial standing is difficult, and reduced monthly user fee of KRW 5,850,00 (Additional Tax Map) from August 2019.
Nevertheless, the Defendant failed to pay the usage fee on August 2019, and paid the above usage fee on September 2, 2019, which was after the Plaintiff received the scheduled notice of termination of the contract.
E. Since then, the Defendant again failed to pay the usage fee for September 2019 and October 2019. Accordingly, on October 14, 2019, the Plaintiff sent a content-certified mail indicating the termination of the instant contract to the Defendant where the unpaid usage fee is not paid by October 17, 2019. However, the Defendant failed to pay the unpaid usage fee.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 2, and the purport of whole pleading
2. According to the above facts finding as to the cause of the claim, the instant contract was terminated on October 18, 2019 due to the Defendant’s fault. Thus, barring any special circumstance, the Defendant violated the compulsory use period by either KRW 9,963,870 [: KRW 9,058,064 (= KRW 3,208,064 for the portion of October 5,850,000 for September + KRW 5,850,00 for the portion of KRW 3,208,064 (= KRW 5,850,00 for x below KRW 17/31, and KRW 17/806]; and