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(영문) 창원지방법원마산지원 2019.12.11 2018가합101376
사용료
Text

1. The Defendant’s KRW 3,00,000 and its annual amount from April 5, 2018 to December 11, 2019 to the Plaintiff.

Reasons

Facts of recognition

The Plaintiff (former Company: C) was an individual entrepreneur established with the trade name “D” around 1998, and was converted into a corporation on August 21, 2002, and continues to engage in the manufacture and sale business of various automobile parts, etc. until now.

From March 1, 2002, the Plaintiff had the Defendant use each machinery listed in the attached Table, which was owned by the Plaintiff between the Defendant and the Defendant.

On July 1, 2009, the Plaintiff: “The Plaintiff leased the machinery Nos. 14,17, and 18 (hereinafter “instant machinery”) among the machinery listed in the separate sheet to the Defendant; the term of lease is from July 1, 2009 to June 30, 2010; and the rent is KRW 5,869,000 per month (hereinafter “the instant lease agreement”).

On December 11, 2017, the Plaintiff requested that the Defendant pay KRW 6,510,07,000 from the first delivery (inception and installation) of the machines listed in the attached list to the date of arrears until January 31, 2018, the Plaintiff notified the Plaintiff of the termination of the instant lease agreement to the effect that “from January 1, 2018, the use of the said machines is prohibited, and the said machines are transferred on or around May 6, 2018.”

hereinafter referred to as "the notice of termination of this case"

(1) On January 13, 2018, the Defendant: 10 out of the machines listed in the separate sheet and the same year

3. 6. Around June, 2018, seven out of the above machinery were handed over to the Plaintiff, and the Plaintiff notified on March 30, 2018 that the Plaintiff will take delivery of the said machinery No. 15 No. 1 of the attached list.

Since then, on January 13, 2018, the Defendant returned machines Nos. 1, 2, 3, 4, 6, 8, 9, 10, 17, and 18 to the Plaintiff on the attached list Nos. 5, 7, 11, 12, 13, 14, and 16 to the Plaintiff on March 6, 2018, and the machines No. 15 of the above list Nos. 15 were returned to the Plaintiff on March 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7 (including each number in the case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 1, 3, 4, and 10, the argument for the purport of the whole pleadings, and the purport of the whole pleadings.

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