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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
Basic Facts
The court's explanation on this part is identical to the corresponding part of the judgment of the court of first instance, in addition to the fact that the "satisfy" of the first instance court No. 21 is deemed to be the "satisfy" of the judgment of the court of first instance, and therefore, it is citing it as it is in accordance with
The plaintiff asserted as to whether the contract of this case was lawfully terminated according to the plaintiff's notice of termination, and the plaintiff asserted that the grounds for cancellation of the contract of this case occurred due to the defendant's delinquency in payment of rental fee, and that the plaintiff did not pay the amount of arrears to the defendant on April 2, 2015 and filed the lawsuit of this case after the defendant notified the termination of the contract of this case to the defendant on April 2, 2015. Thus, the contract of this case was lawfully terminated by delivery of the copy of the complaint of this case at least, and the defendant asserts that the plaintiff is liable to pay the amount claimed as early termination fee of this case
As to this, the defendant did not receive the notice from the plaintiff to implement the contract of this case, and thus, the plaintiff's notice of termination of this case is unlawful.
Judgment
According to Article 20(2) of the terms and conditions of the contract of this case, if the customer fails to pay the rental fee at least once a month, the company issued a notice to the customer to perform the obligation, to recover the defect, or to correct the violation within a reasonable time, and provided that the company may cancel or terminate this contract and claim the return of the vehicle or recover the vehicle if the customer fails to correct the defect or to correct the violation. Since the Defendant did not pay the rental fee at least once a month under the contract of this case, the contract of this case occurred due to the Defendant’s failure to pay the rental fee, the reason for termination due to the Defendant’s failure to pay the rental fee.
However, the plaintiff is above.