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(영문) 창원지방법원 2018.08.16 2017나60823
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 8, 2013, the Korea Job World Co., Ltd. (hereinafter “Korea Job World”) entered into a installment transaction agreement with the Defendant on a monthly payment of KRW 19,900 and the payment period of KRW 48 months to allow the Defendant to use the water purifiers owned by the Korea Job World (hereinafter “Korea Job World”) and entered into a cover transaction agreement with the Defendant to transfer the ownership to the Defendant after full payment of 48 months (hereinafter “instant installment contract”). The following content was written:

The contractor who purchased a siren contract shall pay the purchase price of the goods supplied to Defendant 1 (hereinafter referred to as “A”) on November 8, 2013, and on November 8, 2013, Article 1 of the 4-month Arrangement Clause (hereinafter referred to as the “Agreement Clause”) at the end of the period of replacement of the pen (hereinafter referred to as “instant purchase price”) to the one-month (hereinafter referred to as “B”) in accordance with the purchase terms and conditions.

Article 2 Buyer’s duty (1) In the event of the change of address or the transfer of place where goods are installed before full payment of the agreed price, “A” is obligated to notify “B” by not later than the next due date.

The loss of benefit under Article 5 “A” shall lose the benefit of “A” if the monthly payment for the payment to “B” is not made three consecutive times or more. A/S and written exchange shall be temporarily suspended and the maximum period of 14 days shall be set at the expiration of the maximum period, and even if the payment is not made after the expiration of the contract period, “A” shall not raise any objection.

Article 7 If the late payment penalty “A” fails to pay the monthly agreed payment on the agreed date, the late payment penalty calculated by applying 2% of the overdue interest from the date of arrears to the date of payment shall be paid to “B”.

B. The Han Daily set up a water purifier at the place designated by the Defendant according to the above contract.

C. The Defendant’s monthly payment is as above until June 11, 2014.

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