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(영문) 광주지방법원 2016.10.05 2016가단2142
소금지급
Text

1. The defendant shall pay 6,995,800 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. One of the costs of lawsuit;

Reasons

1. The fact that there exists no dispute or dispute);

A. On September 7, 2012, the Plaintiff entered into a lease agreement with the Defendant to use salt c, D, E, and F, Jeonnam-gun for three years from October 1, 2012 to September 30, 2015, and to use salt 20km goods produced from the Plaintiff’s salt farm for one year rent (30km base 5,500 g).

B. The Defendant paid salt equivalent to the rent by September 30, 2014.

2. The assertion and judgment

A. As to the Plaintiff’s assertion, the Plaintiff asserted that the Defendant did not pay the rent of 8,250 square meters from October 1, 2014 to September 30, 2015, and that the Defendant should pay KRW 7,364,00 per 1,84,00 (4,00 per 1,841 square meters) on the ground that there is no salt at the Defendant’s salt warehouse.

The lessee bears the burden of proving that the rent prescribed in the lease agreement was paid by the lessee. Since the Defendant did not prove the fact that the Defendant paid the full amount of the rent in this case, the Defendant is obliged to pay the salt 20 km 1,841 kg as claimed by the Plaintiff.

However, since the defendant also acknowledges that there is no salt in the defendant's salt warehouse, the defendant must pay the amount of money equivalent to 1,841 spores.

However, in light of the salt price of 20km, it is insufficient to recognize the fact that salt is 4,000 won per salt 20km only with each written confirmation submitted by the Plaintiff. Therefore, the Defendant’s calculation of the salt is 3,800 won recognized by the Defendant.

Therefore, the defendant is obligated to pay the plaintiff 6,995,800 won (=20km 1,841 x 3,800 won).

B. The Defendant’s assertion as to the Defendant’s assertion: (a) the costs incurred by the Defendant for the use of heavy machinery, electric installation costs of KRW 4,306,00 (2,00,000 for four days from December 5, 2014 to December 8, 2014; and (b) the costs incurred for the use of equipment during the divers of salt farms and for the storage of salt farms, and for four days from December 11, 2015 to December 14, 2015.

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