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(영문) 서울중앙지방법원 2014.12.23 2014가단71598
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 38,538.

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the items listed in the separate sheet owned by the Defendant (hereinafter “instant fP low-risk operator”) at the lease rate of KRW 1,571,50 per month, lease period of KRW 36 months, overdue interest rate of KRW 25 percent per annum.

B. The instant lease agreement was terminated on June 9, 2014.

As of June 9, 2014, the sum payable by the Plaintiff to the Defendant under the instant lease agreement as of June 9, 2014 is KRW 38,538,441.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 3, purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff asserted by the parties, unlike the Defendant’s explanation that the instant Radic function was outstanding in quality during the instant radic operation, and that the instant radic function was weak and terminated around October 4, 2013, the Plaintiff asserted that the Plaintiff did not have any obligation related to the instant radic contract against the Defendant. Accordingly, the Defendant asserted that the instant radic contract was terminated on June 9, 2014, and that the Plaintiff’s amount to be paid to the Defendant under the instant radic license agreement was KRW 38,538,441 in total, as of June 9, 2014, and thus, the Plaintiff is obligated to pay the said amount to the Defendant.

B. According to the above facts finding, the instant lease agreement between the Plaintiff and the Defendant was terminated on June 9, 2014 due to the Plaintiff’s delinquency in payment of the lease fees, and as of June 9, 2014, the Plaintiff’s total amount to be paid to the Defendant under the instant lease agreement as of June 9, 2014 is KRW 38,538,441, and the Plaintiff is obligated to pay damages for delay calculated by the agreed interest rate of 25% per annum from June 10, 2014 to the date of full payment.

Therefore, the Plaintiff seeks to confirm that there is no obligation to the Defendant under the instant lease contract between the Plaintiff and the Defendant on February 28, 2013.

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