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(영문) 의정부지방법원고양지원 2015.05.29 2015가단833

리스금 등

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 5,049,00 as well as KRW 3,000,000 as from December 18, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that provides construction machinery leasing and leasing services. The Plaintiff leased or lent construction machinery to Defendant B as follows, and Defendant A guaranteed Defendant B’s obligations under the above contract.

(1) From April 18, 2014 to February 28, 2013, u-17, chassis number D, registration number C, and lease period from April 17, 2012 to May 17, 2013, monthly payment of KRW 1,683,00 (2) and December 28, 2012, u-30-5, chassis number E, E, registration number F, and lease period from December 31, 2012 to February 28, 2013, the monthly payment of KRW 1,50,000 (3) of the lease period from April 17, 2012 to May 17, 2013.

1. 1,500,000 won per monthly payment, from January 8, 2013 to March 8, 2013;

B. The Defendants returned construction machinery leased under the above paragraphs (2) and (3), but did not return the leased construction machinery.

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

2. (1) With respect to the leased machinery, the Plaintiff claims for payment of the amount equivalent to the lease fee for each month from March 17, 2013 when the Defendants began to delay the monthly lease fee for the said leased machinery from March 17, 2013 until the said lease machinery was returned.

However, according to the evidence evidence No. 1, if the Defendants paid rent by May 17, 2013, the lease term, the above lease term, it is recognized that the Defendants acquired ownership of the construction machinery subject to the lease, and otherwise, the Plaintiff’s termination of the lease term before the lease term does not appear to have any circumstances such as the Plaintiff’s termination of the lease term. Thus, Defendant B acquired ownership of the construction machinery instead of bearing the obligation to pay the lease fee by May 17, 2013, and the Plaintiff cannot seek the amount equivalent to the lease amount even after the lease term.

Therefore, the Defendants are jointly and severally liable to the Plaintiff for unpaid rent of KRW 5,049,00,000 from March 17, 2013 to May 17, 2013.