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(영문) 서울남부지방법원 2020.01.08 2018가단211932
채무부존재확인
Text

1. Between Plaintiff (Counterclaim Defendant) A, G and Defendant (Counterclaim Plaintiff), the said Plaintiff (Counterclaim Defendant) is K Co., Ltd.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. K Co., Ltd. (hereinafter “K”) entered into an installment transaction agreement with the Plaintiffs on the date corresponding to each of the plaintiffs in the column of “contract Date” in the ethal contract’s Schedule, which provides that each of the relevant products in the column of “goods” in the said Schedule shall be used for the Plaintiffs on the condition that the monthly payment for each of the plaintiffs in the said Schedule shall be paid during the said respective payment period. After full payment of the payment period, it entered into an installment transaction agreement with the Plaintiffs to transfer the ownership of the relevant goods to the Plaintiffs, which includes an agreement clause (Evidence No. 18) as follows:

(hereinafter referred to as the “instant siren contract”). The contractor described in the Clause 1 of the Agreement (hereinafter referred to as the “A”) shall pay K (hereinafter referred to as the “B”) the siren fee for the sirens in accordance with the sirens condition.

2. A’s claim for sirens payable monthly shall be made on the settlement date indicated on the front during the period from the following month from the date of installation of sirens.

Loss of benefit under Article 5(2) If “A” fails to pay sirens more than three times, the benefit of “A” shall be lost, and A/S, such as written exchange, shall be temporarily suspended until “A” is fully paid, in full.

(3) Where the benefit of “A” is lost, “B” shall set the maximum period of 14 days in writing, and where the payment is not made after the lapse of the maximum period, even if the full amount of rental fee during the remaining siren contract period is claimed, “A” shall not raise an objection.

The benefit of “A” shall be lost 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 14 days, and if the payment is not made after the expiration of the highest period, “A” shall be entirely claimed for a lump sum payment of all the remaining balance during the contract period.

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