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(영문) 대전지방법원 논산지원 2018.03.29 2017가단912
컨테이너인도 등
Text

1. The defendant shall receive KRW 6,00,000 from the plaintiff, and at the same time, it shall be on the land of 1,300 square meters of the C Forest in Seosan-si.

Reasons

1. Facts of recognition;

A. On August 2013, the Plaintiff leased the instant land and container to the Defendant for three years at KRW 6 million.

At that time, the Plaintiff received the above deposit from the Defendant and delivered the above land and container to the Defendant.

B. On March 17, 2016, the Plaintiff notified the Defendant that the said lease will not be renewed.

[Ground of recognition] Facts without dispute, entries in Gap's evidence 1 to 6 and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of claim and defense, the above lease agreement is recognized to have been terminated by the expiration of the period on August 31, 2016, and thus, the Defendant, a lessee, is obligated to deliver the instant container to the Plaintiff, a lessor.

However, since the defendant's obligation to deliver the leased object is in the simultaneous performance relationship with the plaintiff's obligation to return the deposit, the defendant's defense pointing this out is justified

(3) The plaintiff argues that the plaintiff should collect all wastes loaded on the land of this case. However, the plaintiff's claim is not included in the purport of claim, and there is no material to specify the kind, quantity, etc. of wastes, and thus, the plaintiff's claim is not judged as to this part of the plaintiff's claim). 3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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