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1. As to KRW 17,766,66 and KRW 6,776,66 among them, Defendant B Co., Ltd. and KRW 6,766 among them, from May 10, 2016 to October 2016.
Reasons
Basic Facts
On March 17, 2015, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) under which the Plaintiff’s transformers owned by the Plaintiff (hereinafter “instant transformers”) are leased with a total of KRW 2 million from March 20, 2015 to June 19, 2015 (hereinafter “instant lease agreement”) and delivered the instant transformers to Defendant B.
After that, the Plaintiff and Defendant B agreed to extend the term of the instant lease agreement, but the rent was KRW 700,000 per month.
However, Defendant B did not pay the Plaintiff the rent after July 20, 2015.
In the meantime, the seizure and the auction procedure for the transformers of this case by the creditor of Defendant B was initiated, and on May 10, 2016, D was awarded the above voltages.
[Ground of recognition] In light of the above fact-finding, Gap's evidence Nos. 1, 2, and 5, and the purport of the entire pleading, the judgment of the court below as to the claim against defendant Eul is based on the above-mentioned facts. The defendant Eul has a duty to return the transformer to the plaintiff as the lessor upon termination of the lease contract. Since the obligation to return the transformer is impossible due to the plaintiff's successful bid, the defendant Eul is liable to compensate for the damages suffered by the plaintiff.
Furthermore, with respect to the scope of damages, the damages suffered by the Plaintiff due to Defendant B’s impossibility of performing the duty to return the transformation period of this case is equivalent to the market price at the time of nonperformance, and according to the Plaintiff’s evidence No. 4, the market price of the transition period of this case on May 10, 2016 is recognized as approximately KRW 11 million. As such, Defendant B’s defense against the Plaintiff as to the existence and scope of the obligation of Defendant B from October 7, 2016 to November 23, 2017, which is the date following the date of delivery of a copy of the complaint of this case for which the Plaintiff sought the performance.