(영문) 서울남부지방법원 2015.04.30 2014나9972

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(영문) 서울남부지방법원 2015.04.30 2014나9972

사용료

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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid after the following is revoked.

Reasons

1. The Plaintiff engaged in construction machinery leasing business under the trade name D or E, from 2006 to 2012, has leased construction equipment to the Defendants, who engage in F, and with respect to the settlement of equipment costs, the Plaintiff and Defendant C drafted a credit amount agreement (Evidence A 5; hereinafter “instant agreement”) with the following content on November 12, 2013.

[Agreement on Amount of Claim] 18,950,000 of the amount of claim shall be agreed.

Provided, That 5,950,000 won shall be consulted on November 13, 2013.

exclusion after confirmation.

(except for gold 750,000 won, 18,200,000 won of total amount of claims / [based on recognition] of non-contentious facts, Gap 1 through 4, 7, and 8 respectively, Gap 5's partial entries (except for the parts rejected in the front) and the purport of the whole pleadings.

2. Determination

A. The Plaintiff, which recognized the settlement amount under the instant agreement as KRW 13 million, sought payment of KRW 18.2 million for the reason that the instant agreement finally settled the amount of the claim at KRW 18.2 million, and the Defendants asserted that the portion of KRW 18.2 million in the instant agreement was modified by the Plaintiff.

According to the literal interpretation of the agreement of this case, the contents of the agreement of this case shall be deemed as KRW 1,8950,000,000,000,000,000,000,000 won for unpaid equipment, but with respect to the above KRW 1,89550,00,000, not certain as to whether or not the unpaid equipment was unpaid, 5950,000,00 won, it shall be interpreted as having consulted between the original defendants on November 13, 2013, which is the date following the agreement of this case and settled again at a recognized amount after confirmation. Thus, it shall be deemed that the amount of KRW 1,3,00,00,00 ( KRW 1,895,00,000,000,000) was finalized on the date of the agreement of this case.

After that, pursuant to the agreement of this case, the plaintiff is entitled to the agreement of this case on the following day or after that day.

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