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(영문) 서울동부지방법원 2017.10.18 2016가단131404
물품인도
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) KRW 5,148,00 and KRW 828,00 among them shall be effective January 6, 2015.

Reasons

1. Basic facts

A. On July 4, 2014, the Plaintiff entered into an agreement with the Defendant to provide management support, education, etc. related thereto with a right to operate “C points” (hereinafter “C points”) using the Defendant’s trademark, service mark, trade name, signboard, and other business marks (hereinafter “C points”) for a two-year period from the date of commencing the business, with the franchise fee of KRW 158,40,00 (including value-added tax) and two-year period from the date of commencing the business, on which the Plaintiff agreed to pay KRW 180,000 per annum (hereinafter “C points”) to the Defendant on the fifth day of each month for computer (PC) and monitor 60 units, and to pay the Defendant interest in arrears at a rate of 20% per annum if the Plaintiff did not express his/her intention to terminate the contract separately.

B. The instant contract is automatically renewed on a one-year basis after the expiration of the initial contract term, and as of November 5, 2016, the Plaintiff’s unpaid amount of KRW 5,148,00 in total (i.e., KRW 828,000 for year 2014 and KRW 2,376,000 for year 200 to October 2016).

[Ground for Recognition: Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings]

2. Determination:

A. (1) At the time of the conclusion of the instant contract, the Plaintiff asserts that at the time of the conclusion of the instant contract, the Defendant agreed to deliver 40 of the 60 monitors to a monitor that guarantees the integrity, and sought payment of the amount calculated by the ratio of 200,000 won per unit, which is the equivalent value in preparation for the impossibility of compulsory execution.

The Plaintiff is premised on the fact that there was an agreement on the duty of monitoring at the time of the conclusion of the instant contract.

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