beta
(영문) 부산지방법원 2017.09.29 2015가단244155

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around January 15, 2015, YE established Samsung Electronic Co., Ltd. Co., Ltd. (hereinafter “P”)’s Samsung Electronic Co., Ltd.’s trade name called “F” (hereinafter “T”) in Ansan-si around January 15, 2015, the Defendant, who conducts installment financing business, etc. on January 23, 2015, prepared a siren application, etc. on Samsung Electronic Co., Ltd. (hereinafter “F”), recruited sirens from “F”), and sent it to the Defendant, and if the Defendant approves it, a siren agreement was concluded between the lessee and the Defendant on the sirens, and if the Defendant remitted the price of the sirens to “F,” the Defendant supplied the sirens to the Defendant, and the Defendant entered into a siren service agreement (hereinafter “instant alliance agreement”).

B. (1) On July 20, 2015, the Plaintiff, a siren user, entered into a siren agreement with the Defendant on July 20, 2015, each of the household appliances listed in the separate sheet, a siren product (hereinafter “instant household appliances”).

2) As to the period of siren 12 months, monthly siren 9,166,67 won (including value-added tax) and Ansan-si G (Plaintiff’s studio; hereinafter “instant studio”).

(2) The term “the instant siren contract” (hereinafter referred to as the “instant siren contract”)

(2) According to the instant siren contract, the Defendant is obligated to deliver and install the instant household appliances to the room room, which is the place where the instant household appliances are installed. ② The Plaintiff, as soon as having received the instant household appliances, conducted an inspection to confirm that the status and performance of the delivery of the instant household appliances are normal, and affixed a seal on the confirmation column on the receipt of the goods of the siren contract. If there is any defect in the instant household appliances, an objection may be raised on the ground of such defect as soon as it is received. The Defendant is obligated to remedy the defect, and ③ Notwithstanding the Plaintiff’s acceptance of the instant household appliances.