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(영문) 부산지방법원 2020.01.09 2018가단18753

물품대금 등

Text

1. The Defendant’s KRW 28,685,00 for the Plaintiffs and 5% per annum from September 20, 2018 to January 9, 2020, respectively.

Reasons

1. Basic facts

A. The Plaintiffs are those engaged in the power generation lease business, etc. with the trade name of “F,” and the Defendant is the company that operates the vessel engine parts manufacturing business.

B. On October 4, 2016, the Plaintiffs entered into a sales contract with the Defendant to sell two engines (hereinafter “each of the instant engines”) with the purchase price of KRW 20,000,000 (hereinafter “instant sales contract”), and delivered each of the instant engines to the Defendant.

C. On October 4, 2016, the Plaintiffs leased one unit of Denmark Development Period (10Kw) (hereinafter “First Lease Contract”) to the Defendant (hereinafter “instant vessel”) (hereinafter “First Lease Contract”); and on the same day, the first power plant was transported to G (hereinafter “instant vessel”) which is the Defendant’s vessel at the Defendant’s request; and thereafter, the first power plant was lost.

The Defendant leased 1,500,000 won per month from the Plaintiffs (hereinafter “the second generation machine”) for the first generation period (hereinafter “the second generation period”), and used from October 7, 2016 to February 6, 2017 (4 months). At the time, the Plaintiffs paid 350,000 won for the marine towing expenses to transport the second generation machine (hereinafter “the second generation period”).

[Reasons for Recognition] Facts without dispute, Gap evidence 3, 5, 6, 8 through 10 (including branch numbers), each statement and video, and the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion on the cause of claim 1) In accordance with the instant sales contract and the second lease contract, the Defendant: (a) to the Plaintiffs pursuant to each of the instant engines purchase price of KRW 20,000,000; and (b) KRW 6,000,000 for a four-month period of the second generation period (monthly rent of KRW 1,50,000 x 4 months; hereinafter “second generation period”).

In addition, the obligor is obligated to pay KRW 350,000 for the instant rescriptive cost, and the Plaintiff lost the first generation machine leased from the Plaintiffs.