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(영문) 창원지방법원 2018.11.08 2017나6058
공작물 철거 등
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall be the Plaintiff (Counterclaim Defendant), and (1) Kimhae-si D.

Reasons

1. Basic facts

A. The Plaintiff operates the “E” store located in the D 1st floor in Kimhae-si, and the Defendant sells an electronic sign board with the trade name “F”.

B. On March 12, 2016, the Plaintiff entered into a contract with the Defendant on the installation of an electronic sign board with the amount of KRW 8,784,00,00 for the installment period of KRW 36 months (hereinafter “instant installment sales contract”), and signed an application for installment financing to receive installment loans from G and to pay installment payments, upon entering into the said installment sales contract (hereinafter “instant installment sales contract”).

C. Pursuant to the instant contract for the installment sales, the Defendant installed an electronic display board (a 90 cm, 370 cm, Ga 90 cm, Ga 370 cm) in the order of each point of Annex 1, 2, 3, 4, 1, and 1.

After the electric sign board was installed, the Plaintiff rejected the communication from G Co., Ltd. to seek consent to use the installment financing product, on the ground that the Plaintiff was not a party to installment financing, and on the same day, did not hear the explanation of the installment financing contract through the installment financing contract to the Defendant, and delivered the intent that the installment financing contract cannot be concluded.

On March 18, 2016, the Plaintiff asserted the cancellation, cancellation, etc. of the above contract, and requested removal of the electronic display board without using the above PED electronic display board. On March 24, 2016, the Plaintiff sent to the Defendant a content-certified mail requesting removal of the electronic display board, and the said mail reached the Defendant on March 24, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 10 through 12, Eul evidence 3 and 4, the purport of the whole pleadings

2. Determination on the main claim

A. At the time of the conclusion of the contract for the installment sale of the Plaintiff’s assertion, the Defendant’s business employee merely explained to the Plaintiff that the contract was merely a siren contract with the period of 36 months, and that it was a contract through installment financing.

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