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(영문) 부산지방법원동부지원 2016.06.29 2015가단215269

물품대금

Text

1. The defendant shall be the plaintiff.

(a)on delivery to Aromena (S/N number: 2013030253);

(b) 450,450 Won; and

Reasons

1. Basic facts

A. On April 5, 2012, the Plaintiff entered into an agreement with the Defendant for the sirens with the following content (hereinafter “instant agreement”).

At the time of establishment of the agreement under Article 1, the agreement shall take effect from the date when the plaintiff delivers (establishment) the goods to the defendant.

Article 2. The initial date in reckoning the siren period and the mandatory use period shall be the date when the plaintiff delivers (establishment) to the defendant, and the termination shall be until the time when the termination is requested, and the mandatory use period shall be 39 months from the first installation date.

Article 6 (Period of Mandatory Use) Where the defendant to pay a penalty for breach of contract cancels or changes in goods within the agreed period (period of compulsory use), he/she shall pay the penalty by the method determined by the plaintiff [the number of days of compulsory use x [the number of days of compulsory use x 30].

The defendant shall pay the amount of loss to the plaintiff within 39 months from the date on which the defendant delivered (establishment) the goods. (The sale price of the goods x 90%)-[(the sale price of the goods x 90%) x the number of months of use] determined by the plaintiff.

Information on Application Goods: 1 For the Magro (hereinafter referred to as the “Magro in this case”), 39 months per month of the Agreement, and 49,500 won per month;

B. On March 26, 2013, the Plaintiff established the instant massage Family No. 601 of the Busan Shipping Daegu Building A, Inc. 601.

C. The Defendant delayed the payment of rent to the Plaintiff, and did not refund the person with the massage in this case until now.

[Ground of recognition] Evidence No. 1-3, Evidence No. 4-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the instant agreement was concluded and paid only KRW 891,00 of the rent for 18 months, and thereafter, did not pay rent up to the present day. As such, the instant agreement was terminated.

With respect to specific termination dates, the defendant's assertion that the instant agreement was terminated on February 2015 shall be accepted and calculated on February 5, 2014 as the termination date.