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(영문) 부산지방법원 2017.11.23 2017가합43094
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 234,639,718 and the interest rate of KRW 15% per annum from February 21, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of the claim: (a) the Plaintiff entered into a equipment lease agreement with the Defendant from May 2016 to January 2017 and concluded a equipment lease agreement with the Defendant, and the fact that the rent for equipment (hereinafter “instant rent”) generated by leasing equipment to the Defendant was 423,228,300 in total is recognized as either there is no dispute between the parties, or as a whole taking account of the purport of the entire pleadings in each of the items of evidence No. 1-1 to No. 6; and (b) the Plaintiff received a total of KRW 18,588,582 from the Defendant from June 13, 2016 to January 26, 2017.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the rent for the equipment unpaid (=423,228,300 won - 188,58,582 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 21, 2017 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order sought by the Plaintiff.

2. The Defendant asserted that the Plaintiff paid KRW 27,818,918 of the instant rent to the Plaintiff on January 23, 2017, but there is no evidence to acknowledge the Defendant’s assertion.

This part of the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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