(영문) 서울중앙지방법원 2016.01.13 2015나27018

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(영문) 서울중앙지방법원 2016.01.13 2015나27018

물품대금

Text

1. Of the judgment of the court of first instance, KRW 1,739,430 against the Plaintiff and its related thereto, from October 12, 2014 to January 13, 2016.

Reasons

1. Basic facts

A. On April 5, 2012, the Plaintiff and the Defendant concluded a siren agreement with the following content (hereinafter “instant agreement”).

- Major terms and conditions of the Arrangement - from the date when the plaintiff has delivered(s) the goods to the defendant, the agreement becomes effective.

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

Article 10 If the goods are lost within 39 months from the date on which the Defendant delivered (establishment) the goods, the method determined by the Plaintiff (the selling price of the goods x 90%) - [the sale price of the goods x 90%) x (the sale price of the goods x 39 months) x the number of

Information on Products: Magradide No. 1 (hereinafter referred to as the “Magradide”) , approximately 39 months per month per month, and KRW 69,300 per month;

B. On April 5, 2012, the Plaintiff, a place where the Defendant wishes to establish, set up the instant Mapo-gun B. The Defendant confirmed the “matters to be confirmed at the time of establishment” on the same day, and prepared a written confirmation to confirm that the Plaintiff was established at a normal level.

C. After that, the Defendant paid to the Plaintiff the sum of KRW 694,500 per month rent, and thereafter, the Defendant did not return rent to the Plaintiff at all until now.

The Plaintiff expressed to the Defendant the intent to terminate the instant agreement by serving a duplicate of the instant complaint.

[Ground of recognition] Gap's evidence 1, 2, 3, Eul's evidence 1-1 to 3, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. On April 5, 2012, the Plaintiff and the Defendant concluded a siren agreement to pay rent of KRW 69,300 per month (total amount of KRW 2,702,700) in installments during 39 months from the date on which he/she was delivered one massage.

However, the defendant is weak to the plaintiff.

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