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(영문) 대전지방법원 2017.12.15 2017가단10357
매매대금
Text

1. As to the Plaintiff’s KRW 16,420,00 and KRW 7,500,00 among them, Defendant B Co., Ltd. shall be from July 16, 2016 to 6,200.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of selling and installing air conditioners with the trade name of “E”, and Defendant B (the first trade name was “F” but was changed to the trade name as of July 26, 2016; hereinafter “Defendant Company”) is a company engaging in real estate business, etc.

B. On March 17, 2016, the Plaintiff entered into a lease agreement with the Defendant Company for heating and cooling equipment 21 air conditioners, including 6 air conditioners, 13 square meters, 9 air conditioners, and 5 air conditioners of 97 square meters and more (hereinafter “instant heating and cooling equipment”), with the term of lease of 21 air conditioners (hereinafter “instant heating and cooling equipment”), from March 25, 2016 to March 24, 2017 (12 months), with the term of lease of 27,200,000 won (hereinafter “instant lease agreement”).

C. As to the lease agreement of this case, the lease agreement of this case provides that “The lease cost shall not be refunded despite the return of the product under the condition that the lease period remains during the use of the product,” and stipulates that “the delayed liability of the rent shall be increased by 3% of the total amount of settlement per day when the settlement becomes known on the settlement date.”

On March 21, 2016, the Plaintiff received down payment of KRW 13,500,000 from the Defendant Company and received KRW 13,500,000 from the Defendant Company, pursuant to the instant rental agreement, the Plaintiff installed the instant heating and cooling equipment pursuant to the instant rental agreement, but the Defendant Company did not pay the remainder of KRW 13,70,000 on April 30, 2016, which is the remainder payment date stipulated by the said rental agreement.

E. Since June 16, 2016, Defendant Company agreed with the Plaintiff to pay the remainder of rent of KRW 7,500,000 by July 15, 2016 in two installments, and KRW 6,20,000 by August 15, 2016 (hereinafter referred to as the “instant agreement”), and agreed to pay the remainder of KRW 13,70,000 in the same form as the existing rental agreement, but agreed to pay the remainder of KRW 13,70,00 by April 30, 2016.

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