물품인도 등 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 998,379 and the interest rate of KRW 15% per annum from November 3, 2017 to the date of complete payment.
1. Basic facts
A. On October 31, 2014, the Plaintiff entered into a siren agreement with the Defendant on the lease of the water purifier at the rate of 49,000 won per month (hereinafter “instant water purifier”) and the period of compulsory use at the rate of 39 months (hereinafter “instant agreement”), and delivered the instant water purifier on the same day.
B. In the instant contract, when the Defendant did not pay the monthly sirens for more than 3 months, the Plaintiff notified the performance for a fixed period of 14 days, and determined that the contract may be terminated if the Defendant did not perform the contract within that period.
In addition, when the defendant concludes a contract within the period of compulsory use, he/she shall pay to the plaintiff the amount equivalent to 30% of the remaining monthly payment for the period of compulsory use as penalty.
C. The Defendant paid the sirens for November 201 and December, 2014, and then unpaid the sirens.
On January 8, 2016, the Plaintiff sent a text message to the Defendant demanding the payment of sirens by January 22, 2016 and, if not performed within the said period, sent a text message to the effect that the instant contract will be terminated.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4 (including paper numbers)
2. According to the above facts finding, the instant contract was terminated on January 22, 2016 due to the Defendant’s failure to pay sirens for more than three months.
Therefore, the Defendant’s unpaid siren622,770 won (==58,000 won = 49,000 won x 12) from January 1, 2016 to December 31, 2016 x 34,770 won (=49,000 won x 12) from January 1, 2016 to January 22, 2016 x 49,000 won x 22/31, and hereinafter the same shall apply) to the Plaintiff.
[] The obligor is also obligated to pay the amount of KRW 1,190,230 [=14,230 won = 49,00 won x 9/31 x 9/31) x 1,176,00 won from February 1, 2016 to January 31, 2018 (=49,000 x 24)] from January 23, 2016 to January 31, 2016 (i.e., 49,000 x 24) as penalty.
For this, the defendant is at his residence.