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(영문) 서울중앙지방법원 2019.10.25 2018가합590599
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 31, 2014, the Plaintiff was supplied with the solar power generation system by the Defendant and leased it to the power generation business site operated by the Defendant, and the Defendant concluded a lease agreement with the Defendant to compensate the Plaintiff for the amount calculated by adding the penalty of 50% to the first supply of the leased object plus the penalty of 200 million won (hereinafter “instant lease agreement”).

B. On January 13, 2017, the Defendant filed a lawsuit seeking damages against C on the ground of complaints against leased objects, and did not pay rent to the Plaintiff from that time.

C. On December 28, 2018, a copy of the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the Defendant’s payment of rent was served on the Defendant.

[Reasons for Recognition] Facts that the defendant does not clearly dispute, clear facts in records, each entry of Gap 1 to 3, and the purport of the whole pleadings

2. Determination

A. The Plaintiff sought payment of KRW 300,000,000,000,000,000 for the first supply pursuant to the penalty clause of the instant lease agreement. The Defendant asserts that the Plaintiff may not file a claim for penalty for breach of contract under the instant lease agreement, as the Plaintiff transferred the status of lessor under the instant lease agreement to D with the Defendant’s consent on August 12, 2015.

B. We examine the following. On August 12, 2015, the fact that the Plaintiff transferred to D the status of lessor under the instant lease agreement with the Defendant on August 12, 2015 is not clearly disputed by the Plaintiff, and thus, it is deemed that the Plaintiff led to confession.

Therefore, the defendant's above assertion is justified.

3. The plaintiff's claim for conclusion is reasonable.

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