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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
Reasons
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's main claim
A. In light of the content of the instant lease agreement, the Plaintiff’s assertion 1) The objective of the use of the secondary equipment constitutes grounds for termination of the instant lease agreement.
However, since the second equipment was continuously put into the warehouse by June 19, 2010, it was stored in the warehouse of the CFT after it was put into the construction site of this case from June 19, 2010, the point at which the use of the second equipment was completed is around June 2010.
However, even if considering the reasonable period of time necessary to transport the second equipment from Washington to Korea, the Defendant is obligated to return the second equipment to the Plaintiff in Korea until July 2010.
Even though it is required, it has not been implemented.
Therefore, the Defendant delivered the second equipment to the Plaintiff, and appears to have mistakenly stated KRW 1,886,00,000 in the calculation of damages equivalent to the user fee or the user fee of the second equipment during the period from August 1, 2010 to December 31, 2013, which is the time when the obligation to return the second equipment occurred.
[See = 46,00,000 won per month (the agreement of the Consultative Council of the Lartartart 51,000,000 won based on the evidence No. 11 x 41 months excluding the amount of management expenses of KRW 5,00,000) x 22 months from December 31, 2013, part of which is part of the monthly user fees to KRW 1,00,000,000, in other words, the sum of monthly user fees of KRW 1,000 is liable to pay the amount stated in the purport of the claim of the main lawsuit corresponding to the user fees until March 2012.
B) Even if not, from the point of time to the point of origin, Article 3 (Period of Contract) of the instant lease agreement (from the point of time loaded on the cargo line to leave the main country of contract to the point of time when the purpose of use of the Defendant A arrives at the country of origin.
It can be known that the agreement was made.