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(영문) 서울중앙지방법원 2020.05.27 2019나4372

부당이득금

Text

1. The defendant (Counterclaim Plaintiff) corporation B changed in exchange for the primary counterclaim that the court changed.

Reasons

In the event that a siren contract is terminated pursuant to Article 5(2) or (3), the Plaintiff shall pay the Defendant’s sirens the monthly sirens in proportion to the period of use until the date of return and the penalty as stipulated in Article 6.

[Article 6] Penalty ① When returning a normal sirens, the Plaintiff shall perform the duty to return the sirens, overdue interest (if any), penalty, or normal sirens (if there is no loss or damage of the principal and components) at the time of termination of the sirens contract.

except that if the return of a normal siren is not made within seven (7) days from the date of termination or no contact is made after the termination of the siren contract, the provisions of paragraph 2 of this Article shall apply in respect of failure to return the sirens.

*The penalty for early termination: The amount equivalent to 50% of the aggregate of the remaining sirens as of the earlier termination date* the remaining siren the monthly siren the remainder (the monthly sirens of the month including the date of the termination shall be calculated to work) ② If the returned sirens are not returned, the returned sirens are not normally operated or are not returned in whole, the overdue rentals, overdue interests (if any) and the total amount of the remaining sirens (the indemnity) shall be paid in penalty by the Plaintiff.

[Article 8] The transfer of overdue interest and debt collection ① If the plaintiff fails to pay the monthly rental fee on the agreed date, he shall pay the overdue rental fee at the rate of 24% per annum from the date of arrears to the date of payment.

1) On September 28, 2016, the Plaintiff entered into a supply contract with Defendant Lene as of September 28, 2016, with the term “E equipment and content” as the sirens, the monthly sirens of KRW 7,947,90, the siren period of KRW 36 months, and the payment date of the sirens of KRW 25,00 (hereinafter the same).