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(영문) 대구지방법원김천지원 2016.11.09 2016가단31967
물품대금
Text

1. The defendant shall be the plaintiff.

(a) deliver one natural (K) 18 cm (common) from Llololololololololoudex;

(b) 494.

Reasons

1. Facts of recognition;

A. On April 1, 2014, the Plaintiff entered into a siren agreement with the Defendant, setting the period of compulsory use from April 1, 2014 to July 1, 2017 with respect to one of the natural (K) 18cc (common) of Llolololocex Citus (hereinafter referred to as “instant leasing”) (hereinafter referred to as the “instant agreement”), and delivered the instant royalty lease to the Defendant on the same day on the same day.

B. The main contents of the instant agreement are as follows.

Article 5 (Standards for Claim for Lene Agreement Amount/Lerenching Fee) 1) The rental fee is payable from the following month after the date of establishment of the defendant. Article 6 (Penalty) 1) If the defendant cancels or alters his/her goods within the agreed period (term of compulsory use), he/she shall pay the penalty in the manner determined by the plaintiff [the monthly rental fee x (number of days of compulsory use ± number of days of compulsory use ± 30%) x 30%).

Article 13 (Termination of the Agreement) (3) The calculation of the month of termination at the time of termination of the rental agreement shall be calculated on a daily basis as of the date of use, and at this time, the 10 won unit of the rental fee calculated shall be cut. (4) If the Defendant delays the rental fee for two months, the Plaintiff may terminate the rental agreement after the lapse of the prescribed period. In this case, the recovery of the goods shall be entirely the Plaintiff’s authority and the Defendant shall not raise an objection.

Article 15 (Transfer of Ownership) (1) The Plaintiff has ownership of the goods, and if the goods are delivered (39 months have elapsed since the date of establishment and the Defendant paid the rental fee in full, the Plaintiff shall transfer the ownership to the Defendant according to the Defendant’s will.

C. From May 26, 2014 to March 25, 2015, the Defendant paid the Plaintiff the sum of KRW 548,900 for 11 months.

The Plaintiff stated that, around August 28, 2015, the instant contract is terminated if he/she did not pay the rental fee by September 23, 2015, and the unpaid amount and penalty for termination of the contract is paid, and the return of the instant sales lease is requested.”

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