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(영문) 서울북부지방법원 2015.01.23 2014가단31599
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff) at KRW 676,60.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 22, 2012, the Defendant: (a) entered into an account in the name of the Plaintiff’s father B and the Plaintiff’s automatic transfer; (b) entered into a “agreement of water purifiers” in the name of the Plaintiff’s father B; and (c) installed water purifiers C in the Manyang-si, Ansan-si.

B. At the time, the Plaintiff was living together with the father and the mother of the Plaintiff, and the father and the mother of the Plaintiff were divorced on or around June 2013.

C. According to the instant agreement, the water purifier’s lease period of 36 months, monthly sirens 19,90 won, and sirens 5th day of each month, and when the water purifiers were paid in full while using the lease period of water purifiers, the water purifiers shall be transferred to the subscriber’s ownership, the delayed damage shall be 30% per annum, and the subscriber’s delay in payment three times per annum, the defendant may claim against all amounts during the unused period.

The Defendant was paid 39,800 won for 2 months of July 16, 2012, and did not receive siren hairs from water purifiers under the instant siren agreement.

[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff's mother entered his personal information and signed it without the plaintiff's consent, the contract of this case is invalid against the plaintiff, and thus, the plaintiff's mother does not have an obligation to perform his/her obligation based on the above contract.

The defendant asserts to the effect that, in consultation with his family members, the plaintiff entered the contract in the name of the plaintiff, and notified the plaintiff of the fact that the plaintiff was unpaid, since he used the water purifiers without her hairing expenses, the plaintiff granted the right of representation to his mother or ratified at least the instant siren contract, the plaintiff is obligated to perform the obligation under the instant siren contract.

3. Determination

A. We examine whether the Plaintiff prepared the instant siren agreement.

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