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(영문) 의정부지방법원 2020.01.14 2019나209568

사용료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 3, 2015, the Defendant entered into a contract with the Plaintiff to sell 22 million won per 22,000,000 won in total (hereinafter “instant sales contract”) for a large-scale display panel for a wedding hall (hereinafter “instant display panel”) and received KRW 44 million from the Plaintiff.

B. At the same time with the above sales contract, the Defendant entered into a contract with the Plaintiff with the following content (hereinafter “instant agreement”).

(1) The Defendant’s installation cost is to be established at the place where the two of the instant display lines is designated.

(2) The establishment of a product shall be set up at the requested place on the date of establishment on the basis of the receipt of a request for purchase and the payment date of the product.

(3) At the time of completion of the installation of a product, the parties to the contract or the person entrusted by them shall be present and confirm whether the product was installed, and then sign the delivery and acceptance letter issued by the

(4) The defendant shall pay to the plaintiff 2.4 million won per month (1.2 million won per 1.2 million won per month) monthly usage fees of 2 drums in this case.

(5) The term of the contract shall be 24 months after the establishment of the product and shall be automatically extended on a two-year basis if there is no mutual objection.

C. After the instant sales contract and the agreement of this case, the Defendant did not deliver the two display lines to the Plaintiff, and kept them in the warehouse without installing a wedding hall, etc.

The defendant paid the user fee to the plaintiff by July 31, 2018, but the user fee has not been paid thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion that the Plaintiff did not pay the Plaintiff KRW 7.2 million in total for three months from August 1, 2018 to October 31, 2018 under the instant agreement. Therefore, the Defendant asserts that the Defendant is liable to pay the Plaintiff KRW 7.2 million and delay damages.

2.3.