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(영문) 인천지방법원부천지원 2019.06.14 2019가단2591
물품대여료
Text

1. The Defendant shall pay to the Plaintiff KRW 31,591,50 and the interest rate of KRW 15% per annum from July 31, 2018 to the day of complete payment.

Reasons

1. Facts of recognition and judgment

A. If the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1 through 26, the plaintiff is a person who engages in the business of leasing industrial products in the trade name of "C", and the defendant is a corporation that engages in manufacturing of clothing and wholesale and retail business, etc., and the plaintiff can, at the defendant's request, recognize that he/she leases the content equivalent to a total of 46,291,500 won by installing a content and a set at the place designated by the defendant from August 8, 2017 to May 3, 2018, and the plaintiff is a person who received 14,700,000 won from the defendant.

B. The defendant asserts that some of the transactions alleged by the plaintiff is not a party to a transaction, but the evidence Nos. 5, 7, 26 (Statement of Transactions) can be recognized that the defendant signed as a defendant's employee D and E. Thus, barring any special circumstance, the defendant is deemed to be the party to the transaction under each of the above specifications of transactions.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the lease fee of KRW 31,591,50 (=46,291,500 - 14,700,000) and damages for delay calculated at the rate of 15% per annum from July 31, 2018 to the date of full payment, which is the following day after a certified copy of the instant decision on performance recommendation was served on the Defendant.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the claim of this case is reasonable.

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