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(영문) 부산지방법원 2019.05.02 2018나59991

사용료

Text

1. The judgment of the first instance, including the Plaintiff’s claim reduced from the trial after remand, shall be modified as follows:

Reasons

1. Basic facts

A. On September 1, 2015, the Plaintiff entered into a siren agreement on air conditioners, etc. (F, model name: G, annual type: 2015) (hereinafter “instant agreement”) with E Co., Ltd. (hereinafter “E”) under the Defendant’s joint and several guarantee as follows.

The acquisition cost of KRW 85,454,546 at the 24-month normal interest rate of KRW 9.36418 per annum 9.36418 per annum 24% per annum 24% per annum [the termination of the siren contract by the siren company] ① The siren company may terminate this contract if the customer falls under any of the following:

1. In the event that the contract is terminated pursuant to Paragraph 1, the customer shall pay the penalty for early termination specified in the contract terms and conditions as the amount of damages for the siren company, and the customer shall return the sirens.

Article 18 [Compensation for Damages in the event of failure to return sirens after termination] (1) The amount of damages in the event that sirens are destroyed or damaged or they fail to return sirens in normal conditions shall be calculated by the following formula:

The amount of damages = If the customer delays the performance of the obligation to be paid to the rental company under this contract, the damages for delay in accordance with the interest rate stated in the contract terms and conditions of delay damages rate shall be paid to the rental company.

B. Of the terms and conditions of sirens contained in the instant contract, the parts relating to the instant case are as follows.

C. As E did not pay the agreed monthly payment from November 10, 2015, the Plaintiff, on January 7, 2016, stated that “E may terminate the instant contract pursuant to Article 13(1)1 of the Lene Clause because it has been in arrears at least twice a monthly payment,” the Plaintiff may demand the payment of the delayed monthly payment by January 14, 2016.”