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(영문) 춘천지방법원강릉지원 2015.08.12 2015가단20373
사용료 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) amounting to KRW 12,500,000 and the amount pertaining thereto from October 1, 2013 to October 1, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Demand for principal lawsuit:

A. (1) On March 2013, the Plaintiff leased Defendant B with monthly rent of KRW 2.5 million on the construction machinery listed in the separate sheet owned by the Plaintiff (hereinafter “D construction machinery”).

(2) Since August 2013, Defendant B agreed to purchase D Construction Machinery from the Plaintiff in KRW 15.5 million and pay KRW 28 million (= KRW 15.5 million x 12.5 million x 5 months) in total, along with the above purchase price, by the end of September 2013.

(3) On September 16, 2013, the Plaintiff completed the registration of change of ownership in Section 1-B of the Disposition (hereinafter “instant change of ownership”) with respect to D Construction Machinery from Defendant C, the wife of Defendant B (hereinafter “instant Agreement”).

(4) However, Defendant B did not pay to the Plaintiff a total of KRW 28 million, including the above purchase price, and the Plaintiff voluntarily brought D construction machinery at the construction site where D construction machinery was located on August 15, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Gap 4-4, 7, 8, witness E's testimony, the purport of the whole pleadings

B. (1) According to the facts of the recognition of the claim against Defendant B, Defendant B sought payment of the Plaintiff for the rent of KRW 12.5 million for the five-month rent for the construction machinery and the delayed payment from October 1, 2013 following the due date stipulated in the instant agreement, which is the date stipulated in the instant agreement, from October 1, 2013. However, there is no clear evidence to prove that the due date for the payment of the rent claim for the construction machinery has arrived before the due date. Rather, it is reasonable to deem that the due date is the end of September 2013 as stipulated in the instant agreement. Accordingly, the part of the claim for delayed payment before October 1, 2013 is without merit.

The Civil Act prescribes by February 13, 2015, the delivery date of a copy of the complaint of this case, and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 14, 2015 following the following day, respectively.

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