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(영문) 서울중앙지방법원 2016.05.12 2015가단144042

물품인도 등

Text

1. The Defendant shall pay to the Plaintiff KRW 839,692 as well as 6% per annum from February 13, 2016 to May 12, 2016, and the next day.

Reasons

1. Indication of claim;

A. On September 12, 2014, the Plaintiff leased 49,000 won monthly rent, 39 months of mandatory use, and 42 months of contractual use to the Defendant on September 14, 2014, and deliver the Defendant on October 14, 2014.

B. The Defendant’s delay in paying the monthly rent from March 2015 and the notice of termination on June 2015

(c) Claim for penalty equivalent to 30% of the rent for the remaining contract period at the time of termination of a contract under Article 13(1) of the contract, from March 23, 2015, until June 23, 2015, which is the date of termination, 606,132 won;

D. The claim for damages equivalent to KRW 2,020,440, the total amount of the rent for the remainder, is rejected, as there is an agreement on penalty under Article 13(1) of the contract scheduled to compensate for damages, and the Plaintiff claims a penalty under such agreement.

2. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;