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(영문) 광주고등법원 2017.11.03 2016나14651

채무부존재확인 등

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. From December 1, 2012 to August 26, 2013, the Defendant supplied the Plaintiff A with a total of 82 units, and the Plaintiff B with a total of 359 units from November 12, 2012 to July 12, 2013, respectively.

(B) At the time of the establishment of each of the instant sirens, the Defendant entered the contract number, lessee, and contract term [the 20,900 won per month, the 20,900 won per month, and the 19,900 won per month, and the 19,900 won per month of the 20th anniversary of the 3th anniversary of the 20th anniversary of the 3th anniversary of the 3th anniversary of the 1st anniversary of the 1st anniversary of the 1st anniversary of the 2nd anniversary of the 1st anniversary of the 1st anniversary of the 2nd anniversary of the 2nd, 20,90, 3nd, 200, 900, 190, and 190 won of the 1st anniversary of the 3nd anniversary of the 3nd anniversary of the 2nd anniversary of the 2nd anniversary of the 3rd anniversary of the 2nd of the 3rd anniversary of the 2nd of the 3th anniversary of the 2nd of the 3rd of the 3rd of the 2.

The back of each of the siren contracts of this case includes the siren contract provisions, and among which the main contents relating to this case are as follows.

The purpose is to prescribe matters concerning the rights and obligations under the conclusion of a siren contract between the defendant (hereinafter referred to as "A") of the contract clause and the lessee (hereinafter referred to as "B").

Article 8 (Late Payment Fee) If Article 8 (Late Payment Fee) fails to pay rental fees within the due date of the contract, I shall pay the late payment penalty of 6% per annum for the delayed rental fees in addition to the late payment penalty.

Article 10 (A/S Obligations) 2 One-month sirens.