(영문) 서울남부지방법원 2019.04.18 2018나2825

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.04.18 2018나2825

약정금(손해배상)청구

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sells and manages credit card inquiry services, etc., and the Defendant is a person who operates the instant head office (hereinafter “instant head office”) in the C hotel located in Yeongdeungpo-gu Seoul Metropolitan Government.

B. On June 4, 2015, the Plaintiff concluded a contract for the lease and maintenance of the instant equipment (hereinafter “instant contract”) with the Defendant by setting the monthly management expenses to be paid by the Defendant to the Plaintiff as KRW 22,000, and the mandatory use period as KRW 36 months.

C. On September 2015, the Defendant, while using the instant equipment under the instant contract, requested the Plaintiff to withhold the payment of management expenses on the grounds that the contract between the franchise store and the franchise store was terminated and the contract was changed to any other type of business among the members, and subsequently, promised to transfer the instant franchise to a third party, and thus, the Defendant did not comply with the instant agreement until December 2016, and the Defendant did not use the instant equipment from that time.

According to the contract of this case, if the number of credit card approvals of the instant head office is 250 won or more per month, management expenses are free of charge, and if the number of credit card settlements is less than 22,000 won per month, the monthly management expenses are 22,000 won, and 400 cases per month by integrating C hotel operated by the defendant and the instant head office (14,400 cases multiplied by 36 months during the period), but if the number of credit card settlements is less than 30 cases per month, the management expenses are set at 11,000 won per 100 cases.

E. The terms and conditions of the instant contract pertaining to the instant case are as follows.

Article 4 (Loss of Benefit of Time) The defendant shall pay the installment, rent, and the amount of maintenance and repair in the following cases:

유사 판례

-서울중앙지방법원 2019.05.03 2018나53292

-서울남부지방법원 2018.11.09 2018나1099

-인천지방법원 2015.12.24 2015나53650

-서울남부지방법원 2018.07.12 2017나4114

-서울남부지방법원 2019.01.10 2018나2481