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Reasons
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(영문) 수원지방법원안양지원 2016.04.15 2015가단115013
물품대금
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1. The defendant shall be the plaintiff.

(a)on delivery to Aromena (S/N number: 2013021198);

(b) 702,900 won; and

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) MMMWE Co., Ltd. (Merger with the Plaintiff Company on January 18, 2013) are as follows: (a) one part (S/N number: 201302198) between the Defendant and the Defendant on March 21, 2013; (b) one part (S/N number: 201302198) (hereinafter “theme of the instant case”).

(2) The Defendant entered into a lease agreement (hereinafter referred to as the “instant lease agreement”) with the terms that the term of compulsory use is 39 months, monthly user fee 49,500 won, and monthly user fee x (monthly rental fee x (number of days of compulsory use x number of days of compulsory use ± 30%) x 30%) to pay a penalty equivalent to a penalty.

2) However, until December 5, 2013, the Defendant paid KRW 396,00 for 8-month usage fees (i.e., KRW 49,500 x 8-month usage fees) and did not pay usage fees more. On June 30, 2014, the Defendant expressed his/her intention to terminate the instant lease agreement at the time of June 30, 2014.

B. According to the above facts of recognition, the instant lease contract was terminated on June 30, 2014. Thus, the Defendant is obligated to deliver the person with the massage in this case to the original state, barring any special circumstance, to the Plaintiff, and to pay the unpaid amount of KRW 346,50 for seven months until June 30, 2014 (=49,500 x 7 months) and penalty of KRW 356,400 (=49,500 x (39 months - 15 months) x 30%).

2. According to the conclusion, the Defendant is obligated to deliver to the Plaintiff the horse of this case the sum of the unpaid amount and penalty, and pay damages for delay calculated at the rate of 15% per annum from October 27, 2015 to the day of complete payment, which is the day following the delivery date of the copy of the claim and the application for modification of the cause of the claim of this case sought by the Plaintiff.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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