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(영문) 수원지방법원 2017.07.19 2017나54463

물품대금

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 November 3, 2015, the Plaintiff was a company that runs the business of importing and selling medical appliances, and decided to lease massages (2,320,500 won at a market price) to the Defendant, and entered into the instant siren agreement with the Defendant, which includes the following:

(1) An agreement shall take effect from the date the Plaintiff delivered goods to the Defendant.

② The period of siren begins from the date on which the plaintiff delivered the goods to the defendant; the termination of the period is requested; and the period of mandatory use is 39 months from the first date of establishment.

(3) A siren shall be paid 59,500 won per month between 39 months and 39 months from the date of the installation of goods.

④ If the goods are lost within 39 months from the date of delivery by the Defendant, the Defendant shall pay the Plaintiff the loss fee in the manner determined by the Plaintiff, i.e. (the selling price of the goods 】 90%) - [(the selling price of the goods / 39 months) x the number of months used].

This is also applied to the complete destruction and seizure of goods, and to the same criteria when infringement occurs.

⑤ If the Defendant delays to pay a siren for two months, the Plaintiff may terminate the siren agreement after the lapse of the prescribed period. The Plaintiff’s recovery of the goods is entirely the Plaintiff’s authority, and the Defendant cannot raise an objection.

B. However, even though the departure agreement of this case was terminated due to the Defendant’s failure to pay the rental fees at all, the Defendant did not return the massage to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendant violated the plaintiff's ownership without returning the massage's identity. Thus, this case's siren agreement is above.

1.(a)

④ Accordingly, 2,088,450 won [2,320,50 won x 90%) - 2,320,500 won/39 months x 0, as sought by the Plaintiff.