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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원부천지원 2016.08.18 2016가단100388
수리대금 등
Text

1. The Defendant’s KRW 11,907,50 for the Plaintiff and KRW 5% per annum from January 23, 2016 to August 18, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each machinery and equipment indicated in the building of the factory of the 1st floor in Nam-gu Incheon Metropolitan City (hereinafter “instant factory”) and the annexed facility management ledger located in the above factory building (hereinafter “instant machinery and equipment”).

B. On July 1, 2009, the Plaintiff entered into a lease agreement with the Defendant on a monthly rent of KRW 5 million for the instant plant and machinery and equipment without a deposit, and one-year lease period of KRW 1 million for the instant plant and equipment (hereinafter “instant lease agreement”) and leased the instant plant and machinery and equipment to the Defendant.

C. Upon termination of the instant lease agreement, the Plaintiff and the Defendant agreed to guarantee the normal operation of the equipment in use by the Defendant, the lessee, and obtain the “verification of normal operation status” from the repair or inspector of the equipment in use by both sides (hereinafter “instant restitution agreement”).

By December 2015, the Defendant occupied and used the instant plant and machinery and equipment, and terminated the instant lease agreement and delivered the instant machinery and equipment to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendant guaranteed the normal operation of the instant machinery at the time of the termination of the instant lease agreement under the instant restitution agreement, and agreed to bear the cost when repair is necessary due to the defect. 2) After the termination of the instant lease agreement, the Plaintiff confirmed that the normal operation of the instant machinery was necessary due to the defect of the machinery, and the repair is necessary. As such, the Defendant is obliged to pay the Plaintiff the cost of repair of the instant machinery in accordance with the instant restitution agreement.

3. The Plaintiff, while repairing the defects of the instant machinery and equipment for the normal operation of the factory, 207,213,00 won in total as repair costs.

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