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(영문) 서울중앙지방법원 2015.10.27 2015가단5105073
물품대금
Text

1. The defendant shall be the plaintiff.

(a)on delivery of one marina (number ice number: B);

(b) 415,800 won and as regards this;

Reasons

1. Basic facts

A. On March 15, 2012, the Plaintiff (the Plaintiff merged with the MCC EM, which was the party to the contract set out in the evidence No. 1) entered into an all-round loan agreement with the Defendant (the Plaintiff’s license number: B; hereinafter referred to as the “the instant loan agreement”) with the Defendant that leases an massageist (the instant massageist”) to the Defendant, and the key content of the instant lease agreement is as follows.

- The main contents of the Arrangement - Article 1 becomes effective as a siren lease agreement from the date on which the plaintiff delivered (establishment) the person of the massage in this case to the defendant.

Article 2 The initial date in reckoning the siren period shall be the date when the plaintiff delivers (establishment) to the defendant, the termination shall be until the cancellation is requested, and the compulsory use period shall be 39 months from the first installation date.

Article 3(2) The person to whom the goods are delivered on behalf of the defendant or the defendant shall confirm the state and performance of the goods at the time of completion of the acceptance (installation) and sign the confirmation of installation.

Article 6 (Period of Mandatory Use) Where the defendant cancels or changes his/her product within the agreed period (period of compulsory use), he/she shall pay penalty in the manner determined by the plaintiff [monthly rental fee 】 [number of days of compulsory use ? number of days of compulsory use ± 30] x 30%).

Information on applied goods - The name of the rental goods: 39 months in each arrangement - the monthly rent of KRW 59,400.

B. On March 15, 2012, the Plaintiff, a place where the Defendant wishes to install, set up the instant massage in Ansan-si, 110 Dong 1102, and the Defendant, on the same day, prepared a written confirmation verifying that the “matters to be confirmed at the time of establishment” had been established at a normal level after confirming the “matters to be confirmed at the time of establishment.”

C. From March 2012, the Defendant: (a) from around 2012, there is a defect that the massage of the horse in this case does not grow well above the upper part; and (b) there is a problem such as a smoke and smelling, etc. of the horse in this case.

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