(영문) 대구지방법원 2016.11.09 2016나304513

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(영문) 대구지방법원 2016.11.09 2016나304513

물품대금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 31, 2014, the agreement was concluded between the Plaintiff and the Defendant with the following content (hereinafter “instant lease agreement”).

- Major terms of the Arrangement - Article 1 - The entry into force of the rental agreement shall take effect from the date on which the plaintiff delivers the goods to the defendant at the time of establishment of the agreement.

ARTICLE 2 – The initial date in calculating the period of departure and the period of mandatory use shall be the date when the plaintiff delivers (establishment) the goods to the defendant, and the termination of the period of departure shall be the time when the cancellation is requested, and the period of compulsory use shall be 48 months from the first installation date.

ARTICLE 10 – Where the defendant loses goods within 60 months from the date of delivery (establishment) of the goods, the defendant shall pay the loss charges to the plaintiff with the total amount of sirens (19,900 won x 11,900 won x 12 months x 11,900 won x 12 months x 48 months) determined by the plaintiff.

The Plaintiff agreed to pay KRW 19,900 per month to the 19,900 per month from the date of delivery of the instant water purifiers, and to pay KRW 11,90 per month for the following 60 months from the date of delivery of the instant water purifiers by the Plaintiff.

48. Information on applied goods for a period of 60 months

B. On December 31, 2014, the Plaintiff installed the instant water purifiers at the Defendant’s domicile, and the Defendant confirmed the confirmation at the time of installation and prepared a written confirmation.

C. The Defendant paid a monthly rent of KRW 19,900 to the Plaintiff, and thereafter, did not pay rent thereafter, and did not return the instant water purifiers.

The total amount of sirens of the water purifiers of this case is KRW 1,098,00, and the loss amount calculated pursuant to Article 10 of the Lease Agreement of this case is KRW 1,079,70 [=1,098,000 - (1,098,000 / 60 months)].

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings.

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