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(영문) 서울서부지방법원 2019.09.06 2019가단218236
물품대금
Text

1. The Defendant’s KRW 16,654,017 as well as the Plaintiff’s KRW 15% per annum from April 16, 2019 to May 31, 2019, and June 1, 2019.

Reasons

1. Facts of recognition;

A. On September 1, 2015, the Defendant leased the printing equipment (Cron UV CTPP output system equipment; hereinafter “instant leased object”) from the Plaintiff for five years from October 1, 2015 to September 31, 2020.

At the time, the lease contract made between the defendant and the plaintiff had the following contents:

(hereinafter referred to as “instant contract”). Article 3 (Rents) (1) The monthly rent of an article shall be the amount specified in Table 2 of the Details of the contract, and the monthly rent shall be paid in cash by the end of the following month.

Article 4 (Period of Lease) (4) Where a lessee unilaterally claims the termination of a contract before the expiration of the term of lease and refuses to perform the obligation, or where this contract is terminated for reasons of Article 15 (1) 1, 2 and 7, the lessee shall pay 50 percent of the rent for the remaining term of lease to the lessor as liquidated damages.

Article 15 (Termination of a Contract) (1) If a lessee falls under any of the following subparagraphs, a lessor may terminate the contract with written notice without any separate peremptory notice:

2. When the rent has been in arrears not less than twice in total. (3) When this contract is terminated or terminated, or when the lessee has lost the benefit of time, the lessee shall, at the request of the lessor, immediately return the goods to the lessor at his / her responsibilities and expenses, unless otherwise prescribed by this contract

In addition, a lessor or a person designated by a lessor may recover objects at the location of the object.

B. The Plaintiff filed a claim with the Defendant for KRW 10,467,091 in the aggregate of KRW 813,074 out of the rent, etc. for August 31, 2018, KRW 2,596,321, KRW 2,610, KRW 704 on September 30, 2018, KRW 2,637,50 on October 31, 2018, and KRW 2,637,50 on November 30, 2018, and KRW 10,467,091 on November 30, 2018. The Defendant paid only KRW 813,074 out of the rent, etc. for the foregoing August, and did not pay the remainder of KRW 9,654,017 (=10,467,091 - KRW 813,074).

C. On March 8, 2019, the Plaintiff is the Defendant’s rent of KRW 9,654,017.

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