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(영문) 서울중앙지방법원 2019.11.20 2019가단5036403
채무부존재확인
Text

1. Of the instant lawsuits, the part regarding KRW 56,500 shall be dismissed for monthly payments of KRW 56,500 among the obligations listed in the separate sheet.

2.Attachment A list.

Reasons

1. Basic facts

A. On January 29, 2016, the Plaintiff entered into a security service contract (hereinafter “instant contract”) with the Defendant with the content that: (a) the term of the contract for the management office of D Parking Lots in Gangseo-gu Seoul, Seoul, is three years; (b) monthly user fee is KRW 50,000; and (c) the cost of removal at 30% of the estimated construction cost is paid when the contract is terminated due to the reasons of the customer.

B. On December 31, 2018, the Defendant completed security services under the instant contract, and filed a claim with the Plaintiff for KRW 56,650, monthly usage fees of January 2019, KRW 55,000, KRW 4,000, KRW 3,000, and KRW 118,650, as indicated in the attached list.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff and the Defendant entered into a contract for the time of payment of monthly user fee as “monthly payment.” As such, the Plaintiff paid monthly user fee on December 25, 2018 on December 25, 2018, and the Plaintiff did not have any unmanned security service provided on January 2019.

(b) Costs for removal of equipment, penalty, and losses are charges that are claimed when the contract is terminated and terminated due to the reasons of the customer before the expiration of the contract period.

However, the defendant unilaterally suspended the security service on December 31, 2018, and the contract is not terminated or terminated before the contract expires due to the plaintiff's reasons.

3. Determination

A. Of the instant lawsuit, in a lawsuit seeking confirmation of the legitimacy of the part regarding monthly user fee portion of January 2019 among the instant lawsuit, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a confirmation judgment in order to eliminate such apprehension and danger since there is apprehension and risk in rights or legal status.

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