logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.11 2016가단48029
임대료등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 19, 2014, the Plaintiff asserted that he/she was a person operating a power plant leasing business, and on March 19, 2014, leased one of the power plant (75kw, Treatment 0846 engine) to the Defendant (hereinafter “instant power plant”) at KRW 660,000 (including additional tax) monthly rent, and the Defendant did not pay that amount to the Plaintiff, in addition to remitting KRW 1,00,000 on July 23, 2014.

Therefore, the Plaintiff’s service of the duplicate of the complaint in this case terminates the above lease contract with the Defendant. The Defendant delivered the above generating machine to the Plaintiff, and the Plaintiff is obligated to pay the overdue charge of KRW 19,140,000 and the delay damages therefor until October 4, 2016, and the rent or unjust enrichment at the rate of KRW 660,00 per month from October 5, 2016 to the date the delivery of the above generating machine is completed.

2. In light of the determination, where the authenticity of a disposal document is recognized, the court should, in principle, recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable reflective evidence that could deny the contents of the statement.

(See Supreme Court Decision 2001Da12430 Decided April 11, 2003, etc.). In light of the above legal principles, the following circumstances, which can be acknowledged by comprehensively taking into account the overall purport of pleadings, as to this case’s health class Nos. 2, 5, 6, 8, Eul’s evidence Nos. 4, 5, and 6, are as follows: ① enter into a lease agreement with B on March 18, 2014; ② upon the commencement of the auction procedure for the above vessel, Nonparty C entered into a lien agreement with the owner of the said vessel; ② the development period was used in the above B; ③ the lease agreement for the instant power generation period made between the Plaintiff and C was submitted to the auction procedure for the said vessel; ④ C entered into a written statement that the Plaintiff directly leased the power generation period from the Plaintiff through introduction by the Defendant; ⑤ Defendant remitted KRW 10,000 on July 30, 2014 to the Plaintiff.

arrow