(영문) 서울중앙지방법원 2015.12.10 2014가단135171

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.12.10 2014가단135171

구상금 등

Text

1. The Defendant’s KRW 92,371,660 and KRW 1,026,660 among the Plaintiff’s KRW 5% per annum from July 8, 2014 to December 10, 2015.

Reasons

1. Facts of recognition;

A. On April 9, 2007, the Plaintiff entered into a lease contract with the non-party company, setting the vehicle price of KRW 206,60,000, and the lease period of KRW 36 months and the lease fee of KRW 5,283,360, and around that time, the Plaintiff handed over the vehicle to the non-party company.

B. Since March 2008, the non-party company did not pay rent, the Plaintiff notified the non-party company of the termination of the contract and terminated the above lease contract around May 16, 2008.

C. Around May 2008, the Defendant: (a) operated the instant vehicle by taking over the instant vehicle from Nonparty C, the representative director of the Nonparty Company; (b) delivered the instant vehicle to the Plaintiff on April 11, 2014.

The amount equivalent to the monthly rent for the instant motor vehicle from June 1, 2008 to April 11, 2014, which is the period operated by the Defendant, shall be as specified in the attached Form, respectively.

E. Regarding the Defendant’s instant vehicle operation, KRW 1,026,660, totaling KRW 84,660, and KRW 942,00,00 due to various traffic offenses, etc. were imposed on the Plaintiff, and the Plaintiff paid it.

[Ground of recognition] Facts without dispute, Gap 1 through 15, result of appraisal of rent, purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim and the Defendant’s assertion of set-off, the Defendant, in relation to the Plaintiff, occupied and operated the instant vehicle without any legal cause, thereby gaining profit equivalent to the rent for the operating period, and thereby making the Plaintiff incur loss equivalent to the same amount, and thus, is obligated to return it to the Plaintiff

In addition, the defendant is also obligated to return to the plaintiff the tolls and the administrative fine imposed by the defendant due to traffic and traffic offense, because the plaintiff gains unjust enrichment equivalent to the payment.

Then, the defendant's KRW 92,371,660 = Total amount equivalent to the rent amount of KRW 91,345,000.

유사 판례

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