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1. The plaintiff's counterclaim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
Reasons
1. On March 12, 2015, the counterclaims asserted by the counterclaims entered into a lease agreement with the counter Defendant on two parts of the radars (hereinafter “instant lease agreement”). Accordingly, on March 25, 2015, each vehicle listed in the separate sheet (hereinafter “each of the instant vehicles”) was handed over to the counter Defendant.
However, the counterclaim Defendant rejected the acceptance of each of the instant vehicles on the grounds that the construction was installed on the instant vehicles, not on the designated goods.
As such, inasmuch as the counterclaim Defendant unilaterally failed to perform the obligation under the instant lease agreement, if the contract is terminated or terminated due to the circumstances or causes of the customer before the new vehicle is delivered to the customer after the conclusion of the instant lease agreement at the time of new contract under Article 3(2)3, the customer shall pay the company penalty by regarding the lease period (2) as the remaining lease period by the number of days of the remaining lease period.
(2) A penalty equivalent to KRW 9,680,000 shall be paid according to the penalty.
2. According to the witness A’s testimony, witness B’s testimony, and the purport of the entire pleadings, the counterclaim Defendant: (a) sent A, the employee of the counter-party, to rent one string vehicle and one string vehicle on March 12, 2015; (b) requested the counter-party to install a string vehicle on each string vehicle and the string vehicle; and (c) requested the counter-party to lease the string vehicle on the string vehicle to lease the string vehicle; and (d) as the string vehicle did not lease the model with the string vehicle installed with the string vehicle, A provided that the string vehicle should be leased if the counter-party wishes to lease the string vehicle installed with the stringing vehicle; and (b) the counter-party Defendant affixed the seal of the counter-party Defendant to the contract in a state of the string vehicle on March 26, 2015 under the name of the auditor on the following day.