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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. Facts of recognition;
A. The Plaintiff is a broadband operator established for the purpose of selling and managing credit card terminals, and the Defendant is a person who operates a “B pharmacy” located in Seongbuk-si, Sungnam-si.
B. On March 13, 2014, the Defendant leased one credit card terminal device worth KRW 550,000 from the Plaintiff, and one signature tag worth KRW 150,000, free of charge, provided services of KRW 11,000 per month to the Plaintiff for free, and concluded a contract for the use of broadband services to use credit card approval services with the card device provided by the Plaintiff for a period of 60 months (hereinafter “instant contract”).
C. According to the terms and conditions of the instant contract, if the Defendant uses a broadband (VN) service of a company other than the Plaintiff during the period of the said contract, the Plaintiff shall be compensated for the amount equivalent to ① the amount of service fees for the equipment of the business support fund and ② (Monthly average number of approval x 10 won x contract month).
(Article VIII. D.)
From March 13, 2014, pursuant to the instant contract, the Defendant used a credit card device, etc. provided by the Plaintiff at the pharmacy operated by the Defendant, and subsequently, around December 9, 2014, discontinued the Plaintiff’s use of the block (VN) service by other companies, and subsequently, notified the Defendant of the intent to terminate the instant contract on or before January 9, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The plaintiff's assertion that the contract of this case was terminated due to the reasons attributable to the defendant, the defendant asserts that according to the terms and conditions of the plaintiff's damage compensation applicable to the contract of this case, the defendant is obligated to pay the plaintiff a business subsidy of KRW 264,200, terminal device of KRW 550,000, signature plaque of KRW 150,000, installed construction cost of KRW 150,000, service fee of KRW 99,000, service fee of KRW 6,006,000, monthly average amount of KRW 910 x 910 x 110 x 60 x 60 months) as well as delay damages.
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