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(영문) 광주지방법원 2016.06.17 2015나56617
사용료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant’s trade name was changed from B Co., Ltd to A Co., Ltd. on November 1, 2012, to C Co., Ltd. on April 5, 2013, and to A Co., Ltd on June 20, 2014.

B. On July 16, 2010, the Defendant filed an application for commencement of rehabilitation with the Gwangju District Court 2010Kahap28, and the rehabilitation procedure was completed on September 6, 2010 upon receiving a decision to commence rehabilitation on September 6, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 8, 9 evidence, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff asserted that: (a) from August 1, 201 to March 15, 2012, the Plaintiff leased D vehicles from March 15, 201 to March 14:00; and (b) from March 15, 2012 to December 11, 2013, E vehicles from March 14:0 to December 11, 2013 to December 7, 2000 (including additional tax) were leased to the Defendant; (c) the Defendant paid only KRW 11,685,00 on nine occasions out of total rent of KRW 21,816,00; and (d) the Defendant was obligated to pay the Plaintiff unpaid rent of KRW 10,131,00 and delay damages therefrom. (ii) The Defendant asserted from the Plaintiff.

3. Determination

A. According to the overall purport of evidence evidence Nos. 1 through 3 and all pleadings, a long-term lease contract for a vehicle rental contract in which F is a party to the Plaintiff and B Manager F, from December 29, 201 to March 14:00, 201, to March 15, 2012, 700,000 won per month, and the Plaintiff and B Manager G are parties to the Plaintiff and B Manager G, and G is recognized as having a long-term lease contract for a vehicle rental contract in which F is a separate vehicle rental contract for a vehicle of KRW 700,000 to March 15, 201 and between March 14:00 to March 16:00, 2012 to March 27: 16:300,000 won per month and between the Plaintiff and C&A and H 13:5,000 won per December 27, 2012 to recognize that H 13,012.

B. Meanwhile, according to the overall purport of the statements and arguments in the evidence Nos. 1 through 3, the Defendant’s custodian F in the case No. 2010Kahap28, August 2011, 201.

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