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(영문) 서울중앙지방법원 2014.12.11 2014가단112666
유체동산인도 및 임대료
Text

1. The defendant shall be the plaintiff.

(a) deliver the corporeal movables listed in the separate sheet;

B. From 35,800,000 won and May 30, 2014

Reasons

In full view of the contents and images of evidence A Nos. 1 through 5, the following facts may be acknowledged.

On January 30, 2014, the Plaintiff concluded a lease agreement with the Defendant for corporeal movables listed in the attached Form, and delivered the corporeal movables listed in the attached Form to the Defendant.

In the above lease agreement, the rent is set at KRW 490,00 per day, and if the payment of rent is delayed for more than one month, the plaintiff notified the defendant of the performance and the contract can be terminated if it is not performed within 15 days.

The Plaintiff received only the rent of KRW 23 million from the Defendant until April 9, 2014, and declared that the said lease contract was terminated on May 9, 2014 on the grounds of unpaid rent.

The rent that the defendant did not pay by May 29, 2014 is KRW 35.8 million, and the rent for corporeal movables as stated in the attached Form is KRW 490,000 each day.

According to the above facts, since the lease contract for corporeal movables listed in the separate sheet between the plaintiff and the defendant was lawfully terminated, the defendant is obligated to deliver the corporeal movables listed in the separate sheet to the plaintiff and pay to the plaintiff the unpaid amount of KRW 35,800,000 and the unpaid amount of KRW 490,000 per day from May 30, 2014 to the completion date of delivery of the corporeal movables listed in the separate sheet.

As to this, the defendant made a false lease contract, and in fact, the defendant purchased corporeal movables in attached Form 154 million won and did not pay the balance of 31 million won. However, there is no evidence to acknowledge this (the defendant submitted a written reply only and was not present on the date for pleading, and thus, the defendant did not submit a documentary evidence attached to the written reply). However, the defendant's above assertion is rejected.

If so, the plaintiff's claim shall be accepted for all reasons, and it is decided as per Disposition.

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