(영문) 수원지방법원안양지원 2019.03.29 2018가단105598

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(영문) 수원지방법원안양지원 2019.03.29 2018가단105598

기타(금전)

Text

1. The Defendant’s KRW 7,700,000 as well as 5% per annum from July 27, 2018 to March 29, 2019 to the Plaintiff.

Reasons

(2) On October 5, 201, the Plaintiff leased the instant equipment to the Defendant (hereinafter “instant equipment”) between D Co., Ltd. (hereinafter “Defendant”) and the Defendant, and the Defendant concluded a contract on the supply, lease, and use of services (hereinafter “instant contract”) with the effect that the Plaintiff would use the instant equipment for 36 months and pay rent of KRW 440,00 per month (including value-added tax) to the Plaintiff. On October 14, 2016, the instant equipment was installed and provided with the instant equipment.

C. The provisions on the termination of the contract and the compensation for damages under the instant contract are as follows.

Article 13 (Termination of Contracts)

3. In the event that “Defendant”’s gross negligence or breach of contract occurs as follows, the “Plaintiff” may request correction with a grace period of one week, and if “Defendant” fails to comply therewith, the “Plaintiff” may either use the service of the Defendant or terminate the lease contract:

* Where the “Defendant” has failed to pay the service user fee or rent that it has to pay to the “Plaintiff” more than twice.

4. Where a contract is terminated due to a cause attributable to a “Defendant”, the “Defendant” shall be compensated pursuant to Article 16.

Where a basic contract is terminated due to a cause attributable to the "Defendant" under Article 16 (Compensation for Damages), the damages payable by the "Defendant" to the "Plaintiff" under Article 13 of the Basic Contract shall be as follows, and the compensation shall be made by adding up the following amounts:

- calculated on a one-time basis X 2 times the balance at a one-time lease;

Around February 21, 2017, the Defendant paid one-time rent to the Plaintiff, but did not pay two-time rent, and the Plaintiff urged the Defendant to pay the overdue rent, but did not pay it, and on August 31, 2017, notified the Defendant of the instant contract by content-certified mail to the effect that the instant contract is terminated on the ground that the instant contract is unpaid.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, respectively,

유사 판례

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