beta
(영문) 서울남부지방법원 2020.05.27 2019가단16462

채무부존재확인

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On December 26, 2014, the Plaintiff entered into an installment transaction agreement with Defendant E Co., Ltd. (hereinafter “E”) and G (hereinafter “instant product”) on the condition that the Plaintiff would use the instant product on the payment of the rental fee of KRW 39,700 per month and the payment period of KRW 39 months (total amount of KRW 1,548,30). After full payment of the payment period, the Plaintiff agreed to transfer the ownership of the instant product to the Plaintiff, and entered into a siren agreement including the following (hereinafter “instant siren agreement”).

Article 4 Withdrawal and Effect of Offer

1. A siren user may not withdraw an offer after installing a sirens due to the characteristics of the sirens (such as substantial damage to the value of the goods).

3. If a siren user is different from the content of an advertisement, or has been carried out differently from the content of the contract, he may withdraw his offer within three months from the date of receipt of the siren or within thirty days from the date he could or could have become aware of that fact, whichever comes earlier.

4. In case of cancelling an order pursuant to the provisions of Article 4 (3), he shall prepare a written request for cancelling an order provided along with the goods to withdraw an order, and send it to a siren with delivery certificate or content certificate to notify his intention of withdrawing an order, etc., and such declaration of intention shall take effect from the date on which the declaration of intention by such method reaches the siren company;

5.The costs of removing and transporting sirens as referred to in paragraph 3 of Article 4 shall be borne by a siren company.

6. If a siren user withdraws an order under Article 4(3), he/she shall return the sirens already supplied to the removal engineer.

Article 9 Overdue Interest

1. If a siren user does not pay a monthly siren on the agreed date, he shall pay to a sirenn company the delay compensation amounting to 25% per annum from the date of arrears until the date of payment.