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(영문) 대구지방법원 2020.07.09 2019나2559
렌탈료 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On October 24, 2016, the Plaintiff entered into a contract with the Defendant to lease 1 coffees (name of goods: DSK-F04-F4-A) to the Defendant and supply 2kgs each month, setting the monthly sirens at KRW 78,00, 39 months during the sirens, and 20 days during the sirens payment date.

(hereinafter “instant contract”). B.

From October 2017 to the Plaintiff, the Defendant asserted the termination of the contract while refusing the receipt of the original copy under the instant contract. Accordingly, the instant contract was concluded upon the Defendant’s delivery on December 11, 2018 of a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the contract, while the supply of the original copy was suspended against the Defendant.

[Ground of recognition] Unsatisfy, substantial facts in this court, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to pay the plaintiff 1,146,60 won in total [1,00 won in 1,092,00 won in 14 times from October 20, 2017 to November 20, 2018 x 14), 54,600 won in 14,60 won in 20 (i.e., the 14-time siren the 14-time siren the 14-time siren the 78,000 x 14-600 won in x the 14-day period from November 21, 2018 to December 11, 2018 x the 78,000 won in x 21/30) and damages for delay calculated by the defendant 25% in 20 or more of the contract termination following the delivery of a copy of the complaint in this case to the plaintiff.]

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