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(영문) 부산지방법원 2020.04.22 2019나64167

사용료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 28, 2016, the Plaintiff entered into a siren agreement with the Defendant with the following terms (hereinafter “instant siren agreement”).

(a) Tren vehicle: 25% per annum for delay rate of 32,905,338 won in case of 32,905: 35% per annum;

B. After the instant siren contract, the Defendant returned the said siren to the Plaintiff on September 18, 2018, and the instant siren contract was terminated around that time.

C. As of March 15, 2019, the obligation for the settlement of accounts due to the termination of the instant siren contract is KRW 500,290, and KRW 5,506,769, and damages for delay, plus KRW 358,317, in total, KRW 500,29, and KRW 5,006,479, respectively.

[Grounds for recognition] The items of evidence Nos. 1 through 4, 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 to the Plaintiff delay interest rate of 25% per annum from March 16, 2019 to the date of full payment, with respect to the sum of the overdue rental fees, early termination fees, and late termination fees of KRW 5,865,086, and the above overdue rental fees and early termination fees of KRW 5,506,769.

The defendant filed an appeal on the premise that the above obligation is recognized by the defendant, requiring the payment of the above obligation in installments, but the defendant was not present at the date of pleading in the trial, and the above circumstance alone alone cannot reject the plaintiff's claim in this case.

3. In conclusion, the plaintiff's claim is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.