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(영문) 대구지방법원포항지원 2017.08.08 2016가단7973
중기사용료 및 손해배상
Text

1. Defendant C’s KRW 17,500,000 and the Plaintiff’s annual rate of KRW 5% from September 23, 2016 to August 8, 2017.

Reasons

1. On June 8, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, with the terms that the Plaintiff set the Plaintiff’s only one Emcles owned by the Plaintiff (hereinafter “instant Emcles”) as KRW 3,00,000, respectively, from June 8, 2015 to September 7, 2015 (hereinafter “instant lease agreement”).

On June 8, 2015, Defendant C actually operated D with his husband, and entered into a side agreement (hereinafter “instant side agreement”) other than the instant lease agreement with the Plaintiff on June 8, 2015. The main contents of the instant side agreement are as follows; Defendant C, upon September 7, 2015, the expiration date of the instant lease agreement, KRW 72,00,000 and the total of KRW 81,000,000,000,000,000 for the installation cost of Mabrate attached to the instant Poke, and if Defendant C did not accept the instant Poke even after the said date, the Plaintiff may claim against Defendant C the aforementioned Magart cost of KRW 9,000,000 and KRW 5,500,000.

On June 30, 2015, the Plaintiff purchased Magran to be attached to the instant Magna in KRW 8,800,000 and attached it to the instant Magna.

Meanwhile, Defendant C paid the Plaintiff KRW 8,00,000,000 as usage fees under the instant lease agreement, and KRW 3,000,000 on July 8, 2015, and KRW 2,000,000 on August 21, 2015.

Defendant C did not accept the instant cream even after the expiration of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 10-1 through 4, Eul evidence 1, Eul evidence 8-1, 2, Eul evidence 9-1 through 3, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendants used the instant scke from June 8, 2015 to December 8, 2015, after September 7, 2015, which was the expiration date of the instant lease agreement, for six months.

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