(영문) 서울동부지방법원 2016.03.25 2015나5905

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Reasons

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자간(%)

(영문) 서울동부지방법원 2016.03.25 2015나5905

대여금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On July 23, 2013, the Plaintiff and the Defendant entered into a contract for the installation of equipment (hereinafter “instant contract”) with the effect that “the Plaintiff shall install the hump pumps equipment (hereinafter “instant hump equipment”) in the Drumna operated by the Defendant in Gangwon-gun C, and the Defendant shall pay the Plaintiff KRW 92,00,000 in return for the installation of the hump equipment (hereinafter “instant contract”).

B. (1) At the time of the instant contract, the Plaintiff and the Defendant drafted a “equipment Lease Contract” (hereinafter “instant contract”) instead of a written contract or a goods supply contract, which was written in the form of signature or seal affixed by the Plaintiff and the Defendant on the draft of the contract created by the Plaintiff.

(2) According to the instant contract, the Plaintiff leased the instant set pumps to the Defendant from August 31, 2013 to October 30, 2013. However, if the Defendant fully pays KRW 92,00,000 to the Plaintiff as stipulated in the instant contract, the ownership of the instant set pumps is transferred to the Defendant. If the Defendant fully pays KRW 92,00,000 to the Plaintiff on or before August 31, 2013, it is determined that the lease relationship does not arise if the Defendant fully pays KRW 92,00,000 to the Plaintiff.

C. The establishment of the instant pumps and the occurrence of disputes (1) The Plaintiff completed the installation of the instant pumps prior to the end of December, 2013.

(2) The Defendant did not pay KRW 92,00,000 as stipulated in the instant contract on the ground that the instant pumps did not fully supply water of temperature suitable for use in rain.

The Plaintiff and the Defendant could not supply sufficient water from the temperature suitable for the instant pumps, and if so, there was a dispute as to what is the cause and who is responsible for either the Plaintiff or the Defendant.

(1) The Defendant shall make up the floor heating among the facilities installed by the Plaintiff on April 17, 2014.

유사 판례

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