(영문) 서울중앙지방법원 2016.11.18 2016나47866

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2016.11.18 2016나47866

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The defendant is a company established for the purpose of operating a comprehensive commodity rental business.

B. As between November 12, 2014 and December 2, 2012, the Defendant (Lessor) entered into a siren agreement with the Plaintiff (Lessee) on a siren for three occasions as indicated in the following table:

(hereinafter referred to as the above three siren contracts in this case).

When the Plaintiff entered into the instant contract with a period of 12 months and paid the Defendant the monthly rent from the 7th month to the 12th month from the 7th month after the Plaintiff paid the monthly rent to the Defendant as the “security deposit”. If the Plaintiff terminated the contract within the period of 12 months, 12/10 of the rent shall be paid in full even if the Plaintiff terminated the contract within the period of 12 months, and therefore, the Defendant shall not return the said rent to the Plaintiff.

According to the instant contract, the Plaintiff paid 7,99,200 won (i.e., 1,33,200 won x 6) for six months in the terms of the deposit under the instant contract, and used the household effects indicated in the said table after being delivered to the Defendant. On April 23, 2015, the Plaintiff sent a notice of termination to the Defendant that “to terminate the instant contract as of May 20, 2015,” and the said notice of termination reached April 27, 2015, and the Defendant recovered and brought the said household effects around May 20, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 2-4 evidence, purport of the whole pleadings

2. Determination

A. Article 2 subparag. 10 of the Door-to-Door Sales, etc. Act (hereinafter “Door Sales Act”) provides that “Recurring” means a contract under which goods or services are supplied continuously or on an irregular basis for at least one month and, if the contract is terminated in the middle, there is an agreement on the restriction on the refund of the price or the penalty.” Article 31 of the Door-to-Door Sales, etc. Act provides that “To-Door Sales, etc. Act

참조조문

-방문판매 등에 관한 법률 제2조 제10호

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