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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 9, 2016, the Plaintiff entered into an agreement with the Defendant for the rental fee of KRW 99,500 on the monthly rent of KRW 99,50, and the agreement between the Defendant for the period of 39 months (hereinafter “instant agreement”), and used one massage (hereinafter “the massage”).
B. The main contents of the instant agreement are as follows.
Article 2 (Lerench Period and Period of Mandatory Use) The starting date of the siren period shall be the date on which the defendant delivers the goods to the plaintiff, and the expiration of the siren period shall be the expiration date of the mandatory use period, and it shall be the compulsory use period for 39 months from the first installation date.
Article 6 (Penalties) If the plaintiff terminates the contract within the agreed period (term of compulsory use), he/she shall pay the penalty to the defendant in accordance with the following methods:
The effect of termination or termination is that the payment of penalty has been confirmed.
Where it is less than 18 months from the date of installation: [ monthly rental fee 】 [number of days of compulsory use ? number of days of compulsory use ? number of days of compulsory use ± number of days of compulsory use ± 30] 】 18 months after the date of installation: [10%] 】 8 (Defects or Defects of Goods) 】 10% 】 8 (Discretionary or Defects of Goods) . Where withdrawal is made within seven days after the goods are installed, the prescribed amount of logistics expenses are imposed.
Article 12 (Termination of Agreement) The Plaintiff may not, in principle, terminate the Agreement until the expiration of at least 39 months from the date of delivery (establishment) of sirens.
Nevertheless, in the event of termination, the penalty falling under Article 6 (1) shall be paid to the defendant as a breach of contract.
Article 13 (Obligation to A/S) If requested by the Plaintiff, the Defendant will provide A/S for the goods used by the Plaintiff.
Where 39 months have passed since the date of delivery of goods under Article 14 (Transfer of Ownership) and the Plaintiff paid the rental fees in full, the Defendant and the relevant financial institution shall comply with the Plaintiff’s will.