(영문) 서울남부지방법원 2018.05.18 2017가단236026

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(영문) 서울남부지방법원 2018.05.18 2017가단236026

채무부존재확인

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1. Pursuant to a siren contract concluded on December 28, 2016 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is a person operating a kindergarten under the trade name of “C kindergarten,” and D (hereinafter “D”) is a company engaging in the development, manufacture, and sale of devices related to devices such as devices, such as devices, and the Defendant made the Plaintiff pay the purchase price that the Plaintiff had to pay to D when purchasing the products from D using a siren company.

B. On September 30, 2015, the Plaintiff entered into the first supply contract and rental contract with D, with a view to stipulating the overall matters regarding the rights and obligations of both parties in E and content, teaching equipment, and teaching materials purchased from D, education, maintenance, and repair by the Plaintiff. - The type and price of the rental product is equal to the supply price of attached 1, attached 1, and the total rental price is 141,576,000 won. - The content for young children and mobile app (including the web-site) of the rental product that the Plaintiff continues to use after the completion of the contract period.

- The free guarantee period shall be 48 months from the date of supply by D.

- The rental fees shall be paid to the defendant who is a siren company.

Provided, That the detailed matters shall be governed by a separate siren contract concluded between the plaintiff and the defendant.

- Even if the Plaintiff pays the purchase price that it has to pay to D by using the Defendant that is a siren company, any objection and dispute resolution as to the complaint of the product, such as the establishment, receipt, maintenance, repair, A/S, adequacy of the price, follow-up management, etc., of the product, shall not be refused to pay the rental fee to the Defendant for this reason.

- The term of contract is forty-eight months from the date of conclusion of the contract.

- The plaintiff or D may terminate this Agreement without separate notice to the other party in the event that any of the following causes arises:

Provided, That even if any of the causes in the subparagraphs occurs to D, the plaintiff is exempted from the rental fee.

유사 판례

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