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(영문) 의정부지방법원 2017.08.17 2017나3254
유체동산 인도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendants added the following judgments as to the matters alleged in the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The summary of the claim 1) The Plaintiff, as a matter of course, lent to the Defendant Company the remainder of KRW 65,400,000,000, out of KRW 218,000,000 of the purchase price of the instant machinery, after deducting the remainder of KRW 152,60,000,000 from the security deposit, and the Plaintiff calculated the rent on the basis of the total purchase price, not the actual loan. Accordingly, the Plaintiff calculated the rent on the basis of the total purchase price. Therefore, there is no evidence to support the conclusion that the instant contract was concluded based on the Defendants’ old-age, rashness, and inexperience.

Rather, according to the above-mentioned facts, the evidence mentioned above, and the purport of the entire pleadings, the defendants concluded the contract of this case because they have advantage of using up-to-date machinery instead of using high-amount mechanical purchase funds at once, and the plaintiff, the facilities lessee, received lease deposit from the defendants in accordance with the contract in order to guarantee the implementation of the contract of this case, and the rate of deposit for the purchase amount of leased goods is reflected in linkage with monthly payment rent.

Therefore, this part of the defendants' assertion is without merit.

B. 1) The gist of the claim is that the Plaintiff calculated the rent on the basis of the total purchase price, not the actual loan, which is in violation of the Regulation of Standardized Contracts Act. As such, this is a provision of the terms and conditions which lose fairness, and the Regulation of Standardized Contracts Act (hereinafter “Standard Standardized Contracts Regulation Act

(ii) the terms and conditions subject to the regulation of the Terms and Conditions Regulation Act are the names, forms, or scope thereof.

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