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(영문) 대구지방법원 2015.11.26 2015나11999
할부금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. At around December 2012, D (former E), a business employee of the Company B (Representative C), recommended the Defendant to purchase an energy-saving type boiler (hereinafter “instant boiler”) produced by the Chang Technology Co., Ltd. (hereinafter “original Technology”), and paid the price using the Plaintiff’s financed goods, and explained to the effect that the instant boiler was used for the instant boiler for six months, and sold the said boiler on condition that the price would be paid in installments after six months.

B. On December 25, 2012, the Defendant accepted the proposal of the said D, and entered into a sales contract for the goods to purchase the boiler of this case in KRW 9.9 million from B Company, and prepared and submitted a written agreement for installment financing (an amounting to KRW 9.9 million in installments, interest rate of KRW 18% per annum, and interest rate of arrears rate of KRW 24% per annum over 36 months) in the form provided by the Plaintiff. After approving the Defendant’s subscription for the installment financing agreement, the Plaintiff transferred the loans of KRW 9.9 million on December 26, 2012 to B Company’s account.

(hereinafter referred to as the “instant installment financing agreement”) C.

On June 3, 2013 and June 27, 2013, the Defendant sent to B and the Plaintiff, respectively, a content-certified mail stating that “The electricity charge generated when using the boiler of this case is excessive, and cannot be used due to frequent breakdown, etc.” The Defendant sent the instant sales contract and the instant agreement, and each of the content-certified mail reached B and the Plaintiff around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, witness F of the first instance trial, witness of D and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant did not pay the installment payments under the instant agreement from June 2013 to lost the benefit of time. As such, the Plaintiff did not pay the installment payments under the instant agreement and lost the benefit of time. As such, the Plaintiff’s assertion against the Defendant, including installment payments, 12,772,532 won, 8,445,90 won, and other arrears amounting to 72,400 won, early termination fees, 168,918 won

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