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(영문) 서울중앙지방법원 2016.11.22 2014가단5148868
대여금
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 June 9, 2010, the Plaintiff drafted a certificate of acceptance (Evidence No. 4, No. 3-4, and No. 3; hereinafter “the instant lease agreement”) stating that the Plaintiff received the leased object on June 9, 2010 and that the Defendant received the leased object (hereinafter “the instant lease agreement”) by setting the lease amount of KRW 350 million, KRW 48,000,000,000 per month, KRW 4980,290,000 per month, and KRW 157,500,000,000,000 for the lease, respectively.

B. The lease contract and the acceptance certificate of this case indicate that the defendant's name is several, and the defendant's seal imprint is affixed on the next side.

C. Since around April 15, 2011, the Plaintiff was not paid the lease fee as stipulated in the instant lease agreement, the Plaintiff terminated the instant lease agreement and received the return of the leased property around August 2011.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, Eul’s 1, Eul’s 3-4 through 6, and Eul’s 8, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff’s assertion entered into the instant lease agreement with the Defendant on June 9, 2010, and on or around August 201, terminated the instant lease agreement on the grounds of delinquency in rent. As such, according to the instant lease agreement, the Defendant is obligated to pay the Plaintiff the sum of KRW 195,935,121 and KRW 20,741,126 of the principal of the bonds at the time of termination of the lease agreement and KRW 216,676,247, and delay damages therefrom.

Even if B forged the lease contract, etc. of this case, the Defendant acknowledged the fact that the lease contract of this case was concluded, and did not take all measures, such as filing a lawsuit to confirm the existence of an obligation against the Plaintiff, thereby ratified the lease contract of this case.

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