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(영문) 광주지방법원목포지원 2014.11.05 2014가단3144

임대료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff asserts that the Plaintiff is obligated to pay the Plaintiff rent of KRW 27,500,000, including rent of KRW 25,000,000 (value-added tax x 10%) under the above lease agreement between the Plaintiff and C on August 21, 2013 and the Plaintiff’s agent for the Defendant, for rent of KRW 25,00,000 (value-added tax separate) from August 21, 2013 to September 20, 2013. However, the Plaintiff agreed to pay the Defendant for oil expenses and leased the said tugboat during the lease period. As such, the Defendant is obliged to pay the Plaintiff a delay payment for the rent of KRW 27,50,00,000 including rent of KRW 25,00,000, oil expenses of KRW 3,470,000, and delay damages for delay.

However, although there is no dispute between the parties that the following seals of the defendant's trade name, which is the evidence No. 1 (ship lease contract), are based on the seal of the defendant, it can be acknowledged that C affix the seal of the defendant to the above vessel lease contract, considering the overall purport of the arguments in the witness's testimony, and as a whole, it is insufficient to recognize the fact that C has the right to affix the seal of the defendant to C at the time, and there is no other evidence to prove otherwise, the above evidence No. 1 (ship lease contract) cannot be used as evidence, and there is no other evidence to prove that C has the right to enter into the above lease contract on behalf of the defendant.

Therefore, the plaintiff's assertion cannot be accepted without examining the remainder of the issue.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.