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(영문) 서울중앙지방법원 2013.02.08 2012가단239093
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is the Korean Total Sales Corporation of Japan Epics, Defendant C is the business employee of Defendant B, Defendant D (hereinafter “Defendant D”) is the agent of Defendant B, and Defendant Arenrens Ltd. (hereinafter “Defendant Arens”) is the agent of Defendant B. Defendant Arens Co., Ltd. (hereinafter “Defendant Arens”) is a juristic person engaged in installment sales and loan business such as reproduction machines.

나. 피고 아주렌탈은 2006. 12. 11. F인쇄를 운영하는 원고와 사이에, 고속복사기 BH920P 1대(이하 ‘이 사건 복사기’라고 한다)에 관하여 렌탈기간 2006. 12. 11.부터 2007. 12. 10.까지 12개월간, 렌탈료 1회∽12회 각 2,381,500원(렌탈료 2,165,000원 부가가치세 216,500원), 렌탈료 납입방법 CMS 출금, 지연손해금율 20%로 정한 렌탈계약(이하 ‘이 사건 렌탈계약’이라고 한다)을 체결하였다.

C. The main contents of the instant siren contract are as follows.

Article 1 (Agreement on Baren Contracts) Defendant Arenal shall purchase goods, provide the Plaintiff with a siren service, and pay the rental fee to the said Defendant.

Article 2 (Selection, etc. of Things) The plaintiff confirms that the plaintiff, under his own responsibility, has determined the conditions of selection and sirening.

Article 5 (Delivery of Goods) (1) The defendant Arenal shall deliver goods to the plaintiff at the place designated by the plaintiff. The plaintiff shall confirm that the goods are lawfully received by signing and sealing on the rental contract, satisfied with the goods, and taken over them in good condition. The plaintiff shall confirm that the obligation to pay the rental fee prescribed in the contract begins without any condition from the date of delivery of the goods, and that the claim for damages and any other claim against the above defendant may not be exercised on the ground of the damage or defect incurred thereafter.

Article 7 (Defects of Things) The specifications, functions, specifications, conditions of purchase, etc. of the article shall be under the responsibility of the plaintiff when the article is received.

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