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(영문) 부산지방법원동부지원 2015.12.11 2015가합938

사용료

Text

1. The Defendant’s KRW 726,00,000 among the Plaintiff and KRW 511,500,000 among the Plaintiff, shall be KRW 7,14,500 from November 7, 2014, and KRW 214,50,000.

Reasons

1. Basic facts

A. On July 8, 2014, the Plaintiff entered into a contract on the lease of a vessel (hereinafter “instant lease agreement”) with the Defendant on the condition that the vessel is to be leased by setting the rental fee of KRW 15 million per day from July 8, 2014 to July 8, 2014 (hereinafter “instant lease agreement”).

B. On July 8, 2014, the Defendant received the instant vessel from the Plaintiff, and used it for the salvage operations, and returned the instant vessel to the Plaintiff on November 13, 2014. Although the Defendant paid KRW 1,402,50,000 in total from July 8, 2014 to September 30, 2014, the Defendant paid KRW 51,500,000 in total of the rent from October 1, 2014 to October 31, 2014 (i) (i) KRW 15,00,000 per day x 31 days), and (ii) KRW 214,50,000,000 for rent from November 1, 2014 to November 13, 2014 to KRW 1,50,000 for 10,005,000 per day (including KRW 10,005,005).

[Ground of recognition] The facts without dispute, Gap evidence 1 through 8, Eul evidence 1 through 9 (including each number), the fact-finding response to the Busan C&T Association, an incorporated association of this court, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the sum of KRW 726,000,000,000 according to the instant lease agreement, barring any special circumstance.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant should reduce the rent of the ship of this case according to the good faith principle or the principle of equity for the following reasons.

In other words, the defendant participated in the Sewol ferry operations of the Korea Coast Guard using the instant vessel, and the Korea Coast Guard, after completing an external agency’s situation, shall total of KRW 1,225,50,000 (= KRW 9,500,000 per day) to the defendant as rent, etc. for the instant vessel (=129 days from July 8, 2014 to November 13, 2014).