logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.04.08 2015나35908
손해배상(기)
Text

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.

Reasons

1. Basic facts

A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals (hereinafter referred to as “C pharmacy”), and the Defendant is a pharmacist who operates a “C pharmacy” located in Daegu-si, Daegu-si.

B. On December 30, 2013, the Defendant: (a) leased one credit card terminal device worth KRW 450,000 from the Plaintiff without compensation; (b) received management services (hereinafter “management services”); and (c) entered into a contract on the use of broadband services for the period of 36 months (from December 30, 2013 to December 29, 2016) with the card device provided by the Plaintiff to use the credit card approval service (hereinafter “instant contract”).

C. According to the terms and conditions of the instant contract, if the Defendant did not use the broadband service and equipment provided by the Plaintiff during the period of the mandatory contract, the amount calculated by ① the value of the leased equipment provided by the Plaintiff (the terminal, signature tag, etc.), subsidies for work, management services (exempt month), and ② (Monthly average number of use x 10 won x the agreed month) shall be compensated for the Plaintiff.

(Article VIII. D.)

Under the instant contract, the Defendant, from December 30, 2013 to December 30, 2013, used a credit card device, etc. provided by the Plaintiff at the pharmacy operated by the Defendant, but discontinued the use of the said equipment on or around August 25, 2014, and returned it to the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

2. Since the Plaintiff’s assertion contract of this case was terminated due to the Defendant’s fault, the Defendant is obligated to pay the Plaintiff a total of KRW 15,876,630 in accordance with the terms and conditions of the Plaintiff’s damage compensation contract applicable to the contract of this case (= KRW 150,000 in the signature failure of KRW 150,00 in the construction cost of KRW 150,000 in the construction cost of KRW 150,000 in the construction cost of KRW 150,950 in the construction cost of KRW 14,287,680 in the work subsidy of KRW 750,950 in the construction cost of KRW 14,287,

3. Determination.

arrow