(영문) 광주지방법원 2018.06.15 2017가단24378

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.06.15 2017가단24378

약정금 및 동산인도

Text

1. The defendant shall be the plaintiff.

(a) Appendix 1 Map B, Annex 1, Annex 2, Annex 1, Annex 2, 3, 4, and 1, respectively;

Reasons

1. Basic facts

A. On August 2, 2015, the Plaintiff entered into a lease agreement with the Defendant on the containers listed in the attached Table 2 (hereinafter “containers”) as follows.

- Term of lease: 2 months from August 2, 2015 - monthly rent of KRW 100,00 (excluding value-added tax) - When the contract expires, a container shall be immediately delivered to the Plaintiff; when a container is not returned, compensation for delay of KRW 20,000 per day from the day following the expiration date of the contract shall be paid; and when a container is moved without the consent of the Plaintiff, an agreed amount of KRW 200,000 shall be paid.

B. Upon the Defendant’s request, the Plaintiff installed a container in the Seo-gun C.

C. Even after the expiration of the lease term, the Defendant did not return the container to the Plaintiff, and installed the container on the ship which connects each point of 1, 2, 3, 4 and 18 square meters on the ground surface by moving the container to B in order to B without the Plaintiff’s consent.

[Grounds for recognition] Defendant's constructive confession

2. According to the above facts of recognition, the Defendant is obligated to deliver to the Plaintiff, as the term of the lease expires, containers listed in Attachment 2, attached Table 1, 2, 3, 4, and 18 square meters in the ship which connects each point of 18 square meters in the ship, and to pay to the Plaintiff the agreed amount of KRW 200,000 and the amount calculated at the rate of 15 percent per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 27, 2018 to the date of full payment, as the delivery of the written change of the grounds for the claim of this case, as the Defendant moved the container without the Plaintiff’s consent. From September 3, 2015 to the date of complete delivery of the container, the Defendant is obligated to pay 20,000 won per day for delay on delivery of the container.

3. In conclusion, the plaintiff's claim is reasonable, and all of them are accepted. It is so decided as per Disposition.

유사 판례

-전주지방법원남원지원 2015.07.15 2015가단831

-의정부지방법원 2018.10.11 2018가단124737

-서울북부지방법원 2017.05.12 2016가단135914

-창원지방법원 2018.03.30 2017가단15310

-수원지방법원 평택지원 2018.05.02 2017가단54003