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(영문) 서울서부지방법원 2019.12.27 2019나34583
임대료 및 부당이득금 청구의 소
Text

1. The defendant's appeal and the claim for return of provisional payment are all dismissed.

2.The cost of application for the return of provisional payments shall include the cost of application.

Reasons

1. Determination as to the cause of claim

A. 1) On September 1, 2015, the Plaintiff and the Defendant, as indicated in the separate sheet No. 1, 24 of the golf course (hereinafter “instant cart”) between the Plaintiff and the Defendant.

) A contract was entered into for the lease of 8,200 won per day (excluding value-added tax, the terms and conditions of cash payment within 30 days after the issuance of a written request for the end of each month, and 17% per annum for interest in arrears) (hereinafter “instant lease agreement”).

(1) The main contents of the instant lease agreement are as follows. ① The user complies with the instructions given by the manufacturer of the goods and the instructions given by the relevant laws and regulations, and uses the goods with due care of a good manager. ② The supplier shall inspect, maintain, and repair the goods in accordance with the dong Card Maintenance and Repair Clause (hereinafter “Separate Notice 1”) entered into between the supplier and the user separately. ③ The supplier shall cooperate with the supplier to ensure that the equipment is maintained at the highest level as soon as possible upon the user’s request for A/S. (3) The user shall immediately return the goods to the supplier at the expiration of the lease term. ① Article 11 (Measures at the expiration of the lease term) ① When the user falls under any of the following subparagraphs (Cancellation of the contract) ① the supplier may terminate this contract without a separate notice when the contract is terminated or the user loses the benefit of the time limit. ③ Unless otherwise provided for in this contract, the user shall return the goods at his own expense.

In addition, a supplier or a person designated by a supplier may recover goods at the location of the goods.

Article 15 (Special Agreement) Any matter not specified in this Agreement or any matter different from each of the provisions of this Agreement shall be subject to a special agreement as specified in the attached Table, and any matter not described herein shall be deemed null and void, unless otherwise agreed by the user and the supplier.

(1) At least one week A/S period due to a vehicle's own problem.

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