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(영문) 서울중앙지방법원 2018.08.22 2017가단66016
물품인도 등 청구의 소
Text

1. The Defendant’s KRW 2,020,012 as well as the Plaintiff’s annual rate from August 8, 2017 to August 22, 2018.

Reasons

1. The facts below the basic facts are as follows: Gap evidence 1-1 (Yeren (lease Lease Application Form No. 2)

) The testimony of the witness B is recognized that B signed by the defendant on behalf of the defendant, and thus, the authenticity is recognized), Gap evidence 1-2, Gap evidence 2-8, Eul evidence 1-2, Eul evidence 1-2, and Eul evidence 1 can be recognized by showing the whole purport of the pleading, and each statement of Eul evidence 3-1, 2, Eul evidence 4-1, 4-2 is insufficient to reverse the above recognition.

On September 1, 2014, B delegated by the Defendant with authority on behalf of the Defendant, through a company called “C”, which was a collaborative entity of CBS Co., Ltd. (hereinafter “C”), which entered into a contract with the Plaintiff on behalf of the Defendant, to lease one of CBS water purifiers (hereinafter “instant water purifier”) from the Plaintiff with the Plaintiff at KRW 89,00 per month, and for the period of compulsory use at KRW 39 months (hereinafter “instant contract”).

B. Accordingly, on September 18, 2014, the Plaintiff installed the instant water purifier on “Seoul Seocho-gu D Building 301, which had the Defendant’s residence at the time of the installation of the instant water purifier,” and the Defendant did not pay all monthly sirens after the installation of the instant water purifier.

C. Meanwhile, under the instant contract, the Plaintiff agreed that “if the Defendant delays the monthly sirens for not less than three months, the Plaintiff shall notify the performance for a fixed period of 14 days, and if the Defendant does not perform the contract within that period, the contract may be terminated, and if the Defendant terminates the contract within the period of compulsory use, the amount equivalent to 30% of the remaining monthly payments during the period of compulsory use shall be paid as penalty to the Plaintiff.”

On January 8, 2016, the Plaintiff urged the Defendant to pay sirens by January 22, 2016, and if no performance is made within the said period, the instant contract shall be terminated.

‘The text message sent'.

E. The Plaintiff is the Plaintiff.

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