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(영문) 대전지방법원천안지원 2019.09.25 2019가단2809
복사기 인도등
Text

1. The Defendant’s KRW 2,237,070 as well as 5% per annum from April 16, 2019 to September 25, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 20, 2018, the Plaintiff entered into a siren service contract with the Defendant on October 20, 2018 with respect to the reproduction machines listed in the separate sheet owned by the Plaintiff (hereinafter “the reproduction machines of this case”).

(hereinafter referred to as "the instant contract". A lease deposit of KRW 300,000 (including value-added tax) monthly 110,000 (including value-added tax) for rental deposit of KRW 110,00 (including value-added tax): 5,00 per month of black white, KRW 500 per 5,00 per knife, KRW 110 per knife for excessive use, and KRW 20 per knife for black white (Article 5) from October 20 to October 19, 2021; the termination of the contract for three years from October 20, 201 to October 19, 202 (Article 7): the lessee shall pay the remainder of the contract period to the lessor without delay for two months or more (Article 12 (2) 2).

(Article XII, Section 5). (b)

In accordance with the instant contract, the Defendant received delivery of the reproduction of the instant reproduction, and used it from October 20, 2018, but did not pay all the monthly rental deposit and the monthly rental fee.

C. The purchase of each excess use indicated in the carter of the reproduction of the instant case is as indicated in the attached Form “excess Counter”.

Accordingly, on April 9, 2019, the Plaintiff submitted the instant complaint containing an expression of intent to terminate the instant contract, and on April 15, 2019, a duplicate of the instant complaint reaches the Defendant.

E. On July 1, 2019, the Plaintiff was handed over by the Defendant the reproduction of the instant case.

[Reasons for Recognition] The entry of Gap 1-6 and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the instant contract was terminated on April 15, 2019 by the Plaintiff’s declaration of intent to terminate the contract due to the Defendant’s failure to pay charges for at least two months, and was terminated on or around April 15, 2019. As the Plaintiff seeks, KRW 50,000 (= KRW 110,000 x 5 months x 5 months) monthly rental rate for five months from October 2018 to March 19, 2019, totaling KRW 664,070 (see attached Form 2) and total amount of excess rental fees (see “excessd Coun”) and KRW 1,023,00 = penalty for termination under Article 12(5) of the instant contract.

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