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(영문) 인천지방법원부천지원 2019.07.25 2019가단15016
청구이의
Text

1. The defendant's claim for penalty against the plaintiff 2018 Ghana 220938 against the Incheon District Court Branch of the Incheon District Court.

Reasons

1. Facts of recognition;

A. The defendant is a company aimed at the business of leasing office equipment or industrial equipment.

B. On August 31, 2017, the Defendant entered into a siren agreement with the Plaintiff and the Hague beam beamline (hereinafter “the instant Hague beamline”) with the content of 39 months of siren period and 19,800 won per month of sirens (payment on the 20th day of each month) (hereinafter “instant siren agreement”). On September 2, 2017, the Defendant delivered the instant beam beamline to the Plaintiff.

The term “the rental contract clause (No. 4)” attached to the rental contract (Evidence No. 3) (Evidence No. 3) prepared at the time of the instant rental contract is indicated as follows:

1. Upon termination of a siren contract, the contractor shall perform the return of the rental rental fee, overdue interest, penalty, or normal sirens.

(Article 6(1) of the penalty for early termination: The sum of the remaining sirens equivalent to 30% of the aggregate of the remaining sirens as of the date of early termination x the monthly rental fee x the remainder month 2. The registration fee is exempted, and penalty and registration fee are not imposed when the contract is withdrawn within 14 days from the date of receipt of the product. However, there is no penalty or registration fee when the contract is withdrawn within 14 days from the date of receipt of the product, but the collection cost is 10-30,000 won (if the contract is withdrawn, the difference between the product) and 30% of the remaining sirens at the time of withdrawal of the contract after 14 days.

(main sentence of Paragraph 4). (c)

On September 27, 2017, the Plaintiff returned the sloping beam to the Defendant, and the sloping beam of this case was delivered to the Defendant on September 29, 2017.

On September 27, 2018, the Defendant filed a lawsuit against the Plaintiff for the claim for penalty surcharge against the Incheon District Court Branch of the Incheon District Court (hereinafter referred to as “decision on performance recommendation of this case”), and on January 18, 2019, the Defendant received a decision on performance recommendation (hereinafter referred to as “decision on performance recommendation of this case”) with the purport that “the Plaintiff shall pay to the Defendant an amount equivalent to KRW 772,200 and an annual amount equivalent to 24% from January 25, 2019 to the date of full payment,” and the decision on performance recommendation of this case was made on February 8, 2019.

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