(영문) 서울남부지방법원 2018.08.24 2017나65034

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.08.24 2017나65034

위약금 등

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that provides film screening services to accommodation establishments with brand name, “Ilf,” which mainly aims at the distribution of VOD services and content marketing rights, and the Defendant was operating the lodging establishment, “C,” which is located in Chungcheongnam-si B (hereinafter “instant accommodation establishment”).

B. On February 25, 2014, the Plaintiff entered into a contract to use one-way film screening services (hereinafter “instant contract”) used in the instant accommodation with the Defendant as follows.

Article 9 (Termination of Contract and Penalty) of the Terms of Supply, Article 7,00 won per month of server rent, and installation cost of KRW 300,000,00;

1. Where any of the following causes arises, the contract may be terminated after the peremptory notice is given in writing with a fixed date:

(1) When a customer requests the cancellation of a contract due to the circumstances of the customer (including transfer, closure, or expiration of the lease period) (2) when the customer violates the terms and conditions of the contract (in this case, the burden of proof for the reason is on the side of the company) (3) If the customer fails to pay the service fee for at least two months, 4) when the company fails to faithfully fulfill the terms and conditions of the service specified in the contract (in this case, the burden of proof

2. Where a contract is terminated due to a customer's failure to perform the contract on the part of the customer during the contract period, the expenses for removal and collection of equipment shall be borne by the customer, if any, and the balance shall be deducted, and if any, shall be returned to the customer after deducting the

3. The cost of server leasing, installation, and franchise costs that are discounted or exempted through a contract with a user fee that is used for a free period of use (number of months in the agreement - total number of months in use) x monthly user fee x 30%) as a penalty when the contract is terminated on the grounds of the customer within the contract period.

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