(영문) 인천지방법원부천지원 2017.10.13 2016가단110392

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원부천지원 2017.10.13 2016가단110392

기타(금전)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 39,637,033 to the Plaintiff (Counterclaim Defendant) and its related amount from July 30, 2016 to October 13, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 17, 2014, the Plaintiff: (a) leased the lease deposit of KRW 20,000,000 for the lease deposit; (b) monthly rent of KRW 7,920,00 (payment on April 31); and (c) from April 17, 2014 to April 16, 2016, the term of lease was fixed and leased (hereinafter “the lease in this case”); and (d) Article 4 of the Special Agreement provides that the Defendant may settle the amount of damage to the Plaintiff due to the failure to pay the electricity charges for the above factory, in the event that the Plaintiff causes damage to the Plaintiff.

B. On April 23, 2014, the Defendant paid KRW 20,000,000 to the Plaintiff.

C. On April 16, 2016, the Defendant delivered the instant leased object to the Plaintiff.

The Plaintiff is a company aimed at the manufacture and sale of furnitures, indoor construction business, etc., and the Defendant, while operating a furniture producer with the trade name C, supplied the Plaintiff a household after concluding the instant lease contract.

E. From May 30, 2014 to September 30, 2015, the Defendant paid the Plaintiff rent and electricity fee of the instant lease over 14 times to the Plaintiff, as indicated in the attached Form, by settling the Plaintiff’s goods payment obligation against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 17 evidence, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that the Defendant is obligated to pay to the Plaintiff KRW 59,64,00 for overdue rent of KRW 59,64,00 and unpaid electricity fee of KRW 314,950 for seven months from September 1, 2015 to April 16, 2016.

B. The defendant asserts that the plaintiff is obligated to return KRW 20,000,000 to the defendant for the lease deposit of this case, and to pay KRW 58,330,240 for the amount of the goods unpaid as specified in the following table, and that the plaintiff's claim for the return of the lease deposit and the claim for the payment for the goods is offset against the plaintiff's claim for the refund of the lease deposit

D E E EF D G

3. Determination of the principal claim.

유사 판례

-수원지방법원성남지원 2017.07.07 2016가단227204

-수원지방법원 2016.05.10 2014나48603

-대전지방법원 2017.08.17 2016나10160

-전주지방법원 2020.10.21 2019나7467

-대구지방법원 2019.07.18 2018나320526