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(영문) 서울남부지방법원 2020.01.16 2019나51404
임대차보증금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 2 through 5, and evidence Nos. 8 as to the cause of the claim, the Plaintiff leased home facilities materials to the Defendant from November 2017 to March 2018 (hereinafter “instant materials”). The Defendant paid KRW 4,004,00 to the Plaintiff on March 14, 2018 in relation to the instant materials lease agreement, but did not pay the remainder, and the unpaid amount was 21,318,000.

(1) The Plaintiff is obligated to pay the Plaintiff the unpaid price of KRW 21,318,00,00, and the delay damages therefrom, to the Defendant, unless there are special circumstances. The Plaintiff is obligated to pay the Plaintiff the unpaid price of KRW 21,318,00,00, and the delay damages. The Plaintiff is obligated to pay the Plaintiff the unpaid price of KRW 21,318,00,00.

2. As to the Defendant’s assertion, the Defendant asserts that the reduction of the price should be made for the lease of the instant materials under the interpretation of Article 69(1) of the Commercial Act.

Article 69(1) of the Commercial Act provides that "When a buyer has received an object in the course of sale between merchants, he shall inspect it without delay, and if any defect or lack of quantity has been discovered, he shall not claim cancellation of the contract, reduction of the price, or compensation for damages due to the failure to dispatch a notice to the seller immediately. This provision shall also apply where the buyer finds any defect which can not be immediately discovered in the object of sale within six months."

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