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(영문) 서울북부지방법원 2017.08.30 2016나38519

손해배상(기)

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. Facts of recognition;

A. On March 17, 2016, the Plaintiff entered into an installment sales agreement with the Defendant on the prime coffee machine (DAK-F06-F0-Aco (hereinafter “instant coffee machine”) (hereinafter “instant installment sales agreement”) and installed the said machine at the Defendant’s workplace (smarket).

According to the instant installment sales agreement, the Defendant paid 5,328,00 won for the 36-month amount (excluding value-added tax) (148,000 won for monthly payment, cmp. automatic transfer): and the Defendant agreed to receive 2 kgs of coffee for each service item on the 15-month amount.

B.1) Examining an application for purchase (Evidence 6) made on the instant installment sales agreement, the front side is composed of items such as the buyer and the purchasing terms, basic items, services, etc. on the upper part of the buyer and the lower part, and there is a column for signature of the buyer. Furthermore, on the back, the lower part includes general contract provisions such as the purpose of the agreement, the payment of the installment, the obligation to pay, the obligation of the buyer and the seller, the obligation of the buyer and the seller for payment, the loss of the due date, the cancellation of the contract, the competent court, etc.

The terms and conditions of purchase as seen in this subsection were written in each corresponding column of the purchase application and were signed by the Defendant in the buyer column.

In addition, the main matters of the purchase application, such as “matters agreed by customers,” are as follows:

(표준손율표가 구매신청서 뒷면 계약조항 중 제12조 하단에 첨부되어 있다). <고객 동의사항> ◈ 구매자는 계약체결 후 특별한 사유 없이 계약 해지를 요구할 시 제품 손율 제품 정가 30%를 구매자 부담으로 한다.

단, 구매일로부터 14일 이내 (뒷면 손율표 참조) ◈ 본 계약서식 내용 이외의 수기 및 구두 계약은 당사가 책임지지 않습니다.

◈ 설치 후 1년간 무상 A/S 해드리며, 무상 A/S 기간 후에 요청하는 서비스에 따라 소정의 비용이 청구될 수...