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(영문) 광주지방법원 목포지원 2017.02.08 2016가단5205
선박인도
Text

1. The defendant shall pay KRW 500,000 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. As to the cause of claim

A. On March 15, 2016, the Plaintiff issued the instant vessel to the Defendant, and on March 30, 2016, the Plaintiff paid the instant vessel amounting to KRW 27,00,000 for the period from March 30, 2016 to December 31, 2016, with the Defendant, from March 30, 2016 to December 31, 2016.

3) The contract to be leased to the Defendant (hereinafter “instant lease contract”)

(2) On April 19, 2016, the Defendant operated the instant vessel using the instant vessel without paying the down payment and rent under the instant lease agreement to the Plaintiff. On April 19, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “the instant lease is terminated on the ground that the contract is unpaid,” and the content-certified mail reached the Defendant around that time.

3) Around December 21, 2016, the Defendant handed over the instant vessel to the Plaintiff. [The fact that there is no dispute over a part of the grounds for recognition, the entries in Gap evidence Nos. 1 and 3, and the purport of the entire pleadings]

B. According to the above facts, it is reasonable to view that the Defendant did not pay to the Plaintiff the rent under the instant lease agreement from the date of the conclusion of the instant lease agreement to the date of termination of the instant lease agreement, and that the Defendant occupied and used the instant vessel without any legal grounds until transferring the instant vessel to the Plaintiff after the termination of the instant lease agreement, and thereby inflicted damages equivalent to the amount of the Plaintiff. Therefore, barring special circumstances, the Plaintiff is obliged to return to the Plaintiff the rent or unjust enrichment equivalent to the instant lease agreement.

Therefore, the Defendant, barring special circumstances, delivered the instant vessel to the Plaintiff from March 15, 2016, which was the delivery date of the instant vessel, to December 21, 2016, to the Plaintiff, KRW 27,700,000 (=3.

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