(영문) 대구지방법원포항지원 2016.06.28 2016가단95

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(영문) 대구지방법원포항지원 2016.06.28 2016가단95

채무부존재확인

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

2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 914,250.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. On July 9, 2014, the Plaintiff entered into a siren agreement with the Defendant for the lease of a pressor (hereinafter “instant massage”). The main content of the agreement is as follows.

At the time of the establishment of the Agreement under Article 1 of the Slovas Ba of Slovas, the Agreement takes effect from the date on which the Defendant delivered the goods to the Plaintiff.

Article 2. The starting date of the siren period and the mandatory use period shall be the date when the defendant delivers (establishment) the goods to the plaintiff, and the termination of the siren period shall be the time when the cancellation is requested, and the mandatory use period shall be 39 months from the first installation date.

Article 4 (Keeping and Managing Goods) The Plaintiff shall exercise the duty of due care as a good manager in using and managing the goods, and shall keep and maintain the goods in a state in which the status of their full operation and full functions can be performed at all times. Penalty 1 of Article 6) If the Plaintiff cancels or alters the goods within the agreed period (mandatory use period), he shall pay a penalty in the manner determined by the Defendant [monthly rental fee x [number of days of compulsory use x (number of days of compulsory use ? number of days of compulsory use ± 30%) x 30%).

2) The effect of termination and termination shall be deemed to have occurred at the time of confirming the payment of penalty. This shall be determined by the service department of the defendant, if any defect or defect occurs within seven days after the establishment of the good, and if any defect or defect occurs within seven days after the establishment of the good.

2) Damage and expendable goods due to the Plaintiff’s negligence will bear the cost of repair in accordance with the consumer price for each part. Article XII (Termination 1 of the Agreement) The Plaintiff may not terminate the agreement from the date of delivery (establishment) to the date 39 months have elapsed for the minimum service period.

2. The plaintiff's circumstances are unavoidable.

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