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(영문) 수원지방법원 2020.11.25 2019나92117

청구이의

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The first instance court was made on November 20, 2019.

Reasons

1. Basic facts

A. On November 12, 2013, C Co., Ltd. (hereinafter “C”) entered into a siren agreement with the Plaintiff on November 12, 2013 that the Plaintiff paid C a monthly amount of KRW 25,900 (15 days on the settlement date) to C for 60 months (total payment amount of KRW 1,554,00), and C had the Plaintiff use water purifiers during the said period.

C installed water purifiers at the place designated by the Plaintiff on the same day.

B. On November 12, 2013, C concluded a siren agreement with the Plaintiff on November 12, 2013 that the Plaintiff paid C KRW 19,900 per month (15 days on the date of settlement) to C for 48 months (total payment amount of KRW 95,200), and C used the Plaintiff’s vision during the said period.

(hereinafter referred to as “each of the siren contracts of this case”. C set up a Council at the place designated by the Plaintiff on the same day.

C. According to each of the instant siren contracts around December 15, 2013, the Plaintiff determined that the first monthly payment was a claim for the first time in the following month as of the date of the Plaintiff’s establishment.

(Article 13(1)(A) and January 15, 2014, paid monthly payments to C as above, but did not pay each of the above monthly payments from February 15, 2014.

According to each rental contract of this case, if the plaintiff did not pay monthly payment at least three times, the benefit of the plaintiff would be lost, and if the plaintiff did not pay monthly payment on the agreed date, the damages for delay calculated at the rate of 2% per month from the date of arrears to the date of payment shall be paid to C.

(Articles 5, 7). (e)

C On August 10, 2015, on each of the above monthly payments claims (amount: principal amount: KRW 2,408,873 and delay damages) were transferred to the Defendant, and the Defendant, on behalf of C, notified the Plaintiff of the assignment of claims at that time.

F. The Defendant filed an application with the Plaintiff for a payment order claiming the payment of the acquisition amount under the Suwon District Court’s Ansan Branch No. 2016 tea6778, Jul. 13, 2016, and the Plaintiff 3,590,474 Won and its out 2,408.