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(영문) 부산지방법원 2019.11.29 2019나48974
사용료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Determination as to the cause of claim

A. On June 1, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease period from June 1, 2018 to February 28, 2019, setting a lease period of KRW 3,500,000 (value-added tax separately), and the fact that the instant object was delivered to the Defendant around that time is either a dispute between the parties, or is recognized by the entry of evidence No. 5, and the purport of the entire pleadings.

According to the above facts, the defendant is obligated to pay to the plaintiff 20,768,00 won [the sum of rent 3,465,00 won under the lease agreement of this case = 3,850,00 won [the sum of rent 3,550,000 won (the sum of rent 3,500,000 won x 3,500 won) x 9 months] excluding the sum of rent 7,182,00 won which the plaintiff was entitled to receive from the plaintiff and the sum of rent 6,182,00 won which the plaintiff was entitled to receive from the plaintiff as well as the remainder 20,768,000 won [the sum of rent 3,4650,000 won - 6,182,000 won)] and damages for delay calculated from the day following May 17, 2019 to Nov. 29, 2019>

(A) On July 31, 2018, the Defendant asserted that, upon the Plaintiff’s request, the instant lease agreement was terminated on the same day, and that no longer would be paid.

In the instant case where, after August 2018, the Defendant left the instant subject matter, there was no dispute between the parties, but the Plaintiff asserted that the Defendant unilaterally left the instant subject matter.

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