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(영문) 전주지방법원 군산지원 2018.11.08 2016가합11488
장비임대료
Text

1. The Defendant’s KRW 198,375,00 for the Plaintiff’s KRW 5% per annum from April 28, 2016 to November 8, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates a golf course management equipment leasing business under the trade name of “C”, and the Defendant (former trade name: D Co., Ltd.) is a company that operates a golf course with “F” located on 570 parcel of land E, etc. (hereinafter “instant golf course”).

B. On December 18, 2014, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on December 18, 2014, setting the lease deposit amount of KRW 100,000,000, monthly rent of KRW 16,500,00 (including the payment on December 15, 200, value-added tax; hereinafter the same shall apply) from December 17, 2017 to December 17, 2017, the Plaintiff agreed to pay interest calculated at the rate of KRW 3/100 on the overdue rent of the Defendant and the Defendant’s delayed payment of the monthly rent of KRW 15,50,00.

(hereinafter “instant lease agreement”). C.

The Defendant’s delinquency in the payment of rent and the termination of the instant lease agreement, while using the instant equipment delivered by the Plaintiff, paid only the rent from March 2015 to February 2, 2015, and did not pay rent to the Plaintiff.

Accordingly, the Plaintiff notified the Defendant that the instant lease contract was terminated on April 27, 2016, and the Defendant returned the instant equipment to the Plaintiff around May 3, 2016.

From March 2015 to April 2016, when the instant lease contract was terminated, the Defendant’s unpaid rent of KRW 231,00,000 in total (i.e., KRW 16,50,000 x 14 months). The interest for arrears calculated at the rate of 0.3% per agreed rate for the unpaid rent is the total of KRW 145,678,50, as indicated in attached Table 2 “the calculation table of interest for arrears”.

[Ground of recognition] The fact that there is no dispute, Gap's 2 through 6, Eul's 1 and 2, and the purport of whole pleading

2. Determination

(a) unpaid rents; and

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