(영문) 서울중앙지방법원 2016.08.25 2015가단210888

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(영문) 서울중앙지방법원 2016.08.25 2015가단210888

위약금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 1, 201, the Plaintiff provided the Defendant with equipment and systems, such as black and white composite machines, and related services, and entered into a contract for integrated office equipment management services with the following contents (hereinafter “instant lease contract”).

1) Purpose of Article 1 (Purpose): The purpose of this Agreement is to determine all necessary matters in entrusting the business related to the office equipment used by the Defendant (Defendant) to the Plaintiff (Plaintiff). (2) Article 3 (Contract Period) ① The contract term of this Agreement is from November 1, 201 to 36 months.

(2) Where no separate written notice is given one month prior to the expiration date of the contract period, A shall be deemed to extend automatically for 24 months under the same conditions as this contract.

3) The calculation of service charges shall be calculated on the basis of the service price table. (3) Article 6 (Termination to Contract) Article 6 (Termination to Contract) Article 6 (Termination to Contract) Article 6 (Termination to Contract) Section A shall pay to B in cash the amount equivalent to 50% of the average monthly service charges for the preceding three months multiplied by the number of months of the remaining contract period.

Provided, That this shall not apply when the contract period exceeds the period equivalent to 90% of the contract period.

B. The “written special agreement for the extension of the period after the expiration of the lease term” attached to the instant lease agreement was concluded with 36 months (from November 1, 201 to October 30, 201) with 120 office equipment to be handled by “A” as the contract term.

Unless the lease contract expires at the expiration of the lease contract, A shall enter into an extension contract with B for 24 months (from November 1, 2014 to October 30, 2016) on the above contract with B, unless there is any special negligence on the part of B, and

The rent that A pays to B at this time shall be the same amount as the initial contract amount;

A is separate from B in advance.

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