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1. The judgment of the first instance, including the Plaintiff’s claim that was reduced in this court, is modified as follows.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company with the objective of installment financing, credit and secured loan, and siren business. The Defendant is a company with the objective of manufacturing and selling sports goods, etc. and all incidental business related thereto.
B. 1) The Defendant concludes a comprehensive agreement, etc. on the transfer of the sirens contract (hereinafter “each of the instant siren contracts”) with the content that the Defendant provides the sirens users with sirens, such as Arenchers and Arenex, and receives a monthly sirens charge (hereinafter “each of the instant siren contracts”).
The main provisions are as follows. The starting date of the siren period of Article 2 (Period of Mandatory Use and Period of Mandatory Use) shall be from the date the defendant delivers the goods to the siren user; the expiration date of the siren period of compulsory use is the expiration date of the period of compulsory use; and the period of compulsory use shall be 39 months from the first installation date. If a siren user cancels or alters his goods within the agreed period of time (term of compulsory use) (Article 6 (Penalty) (1) (i) (fe.g., the method determined by the defendant (number of days of compulsory use ? the number of days of compulsory use ? the number of days of use) ± 30%) x 30%) (2) The termination and cancellation date of the contract shall be deemed to have occurred at the time of the confirmation of the payment of penalty. ① The termination and termination date of the contract may not terminate the agreement from the date on which at least 39 months have elapsed from the date on which the delivery of the siren product was delivered to the defendant. ② When the agreement was terminated due to unavoidable circumstances of the user, all the late payment charges shall be paid to the Defendant.
3. At the time of termination of a siren agreement, the calculation of the month of termination shall be calculated on a daily basis on the date of use, and at this time, the unit of ten won of the siren fee calculated.
(4) Where a siren user fails to pay the sirens for two months, the defendant may terminate the sirens agreement after the lapse of the prescribed period.