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(영문) 서울중앙지방법원 2018.05.15 2018가단8079
물품인도등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion 1) On July 30, 2014, the Plaintiff entered the instant water purifiers with the Defendant to lawfully terminate the instant water purifiers as of August 18, 2015, by entering into a siren agreement with the Defendant, which provides the Plaintiff with “Irararab water purifier” (hereinafter “instant water purifiers”) at KRW 49,00 per month, and for 42 months during the agreed use period. On September 5, 2014, the Defendant delivered the instant water purifiers to the Defendant’s residence, and notified the Plaintiff of the termination of the instant water purifiers on the grounds that the Plaintiff did not pay her rental fees on one occasion. Accordingly, the Defendant is not obligated to return the instant water purifiers to the Plaintiff, and if it is impossible to deliver them, the Defendant is obligated to pay KRW 39,00 per cent of the instant water purifiers’s remaining period as of August 18, 2015 (the Plaintiff’s remaining period of sale at KRW 40,708,000.

2. According to the siren (lease No. 1-1), which the Plaintiff submitted as evidence for determination, the following is written as if the Defendant left the instant water purifier from the Plaintiff.

However, the fact-finding certificate submitted by the defendant is set forth in No. 1.

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