대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 16 (including additional numbers) as to the cause for the claim, the following facts are acknowledged (the construction machinery of the cause for the claim (hereinafter referred to as "the three-wheeled flag of the case," and the lease contract between the plaintiff and the defendant which was entered into around August 2013, 2013; hereinafter referred to as "the contract of this case"). According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 4,235,00 won and damages for delay calculated at the annual rate of 15% per annum as prescribed by the Commercial Act from May 13, 2015 to July 3, 2015, on which the plaintiff sought delivery of the original copy of the payment order of this case, and from the following day to the date of full payment.
2. On the determination of the Defendant’s assertion, the Defendant asserted that the Plaintiff could not respond to the claim for rent due to the Plaintiff’s defect in the construction of the instant wheels, which occurred during the process of installing the instant wheels.
Since the duty of the lessor to allow the use of and profit from the object in the lease agreement and the duty of the lessee to pay the rent for the leased object are in conflict with each other, in cases where the lessor breached his/her duty to allow the use of and profit from the subject matter and thus the use of and profit from the subject matter is partly hindered, the lessee may refuse to pay the rent to the extent of such obstacle (see, e.g., Supreme Court Decision 96Da44778, Apr. 25, 1997).
The same legal doctrine also applies where a lessor performs the duty of repair, thereby hindering the use and profit-making of an object, (see, e.g., Supreme Court Decision 2014Da65724, Feb. 26, 2015). However, in light of the following circumstances acknowledged by comprehensively taking into account the aforementioned evidence and the respective descriptions (including serial numbers) of the evidence set forth in subparagraphs 1 through 9 and the overall purport of pleadings, the establishment of the instant three-wheeled flag.