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(영문) 제주지방법원 2019.09.04 2018나10456
렌트카임대료
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A. Around 2015, the Defendant entered into a contract with the Plaintiff, and the Defendant, through online, to lend the rental car owned by the Plaintiff to its customers and pay part of the rental car fee received from its customers as rental fee for the Plaintiff. From November 6, 2015 to October 1, 2016, the Defendant used the rental car owned by the Plaintiff to its customers.

B. During the above period, the rental fee that the Defendant is liable to pay to the Plaintiff is KRW 38,779,697. Of the rental fee received from the Defendant, the amount to be refunded to the Defendant is KRW 157,520.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 9, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. According to the reasoning of the judgment on the cause of the claim, barring any special circumstance, the Defendant is obliged to pay the unpaid rental fee to the Plaintiff, and the Plaintiff is obligated to pay the Plaintiff the unpaid rental fee of KRW 19,791,279 from November 6, 2015 to July 28, 2016. Thus, the Defendant is obligated to pay the Plaintiff the interest calculated at the rate of 15% per annum from the day following the day on which a copy of the instant complaint was served to the day on which the Plaintiff is fully paid the unpaid rental fee of KRW 18,830,898 (=total rental fee of KRW 38,779,697) - Total rental fee of KRW 38,79,691,279 - 19,791,279 of the rental rental fee of KRW 157,520) and the amount calculated at the rate of 15% per annum from the day on which a copy of the instant complaint was served.

B. The Defendant’s assertion 1) The Defendant’s summary of the Defendant’s assertion asserted that the Plaintiff could not respond to the Plaintiff’s claim as it paid money in excess of the rental fee that the Plaintiff is obligated to pay. 2) The Defendant’s assertion asserted that the Plaintiff cannot comply with the Plaintiff’s claim, following each of the evidence Nos. 2 (including a serial number, Nos. 11, 11, 1, 8, and 9, the Jeju Bank in the name of the Defendant between January 4, 2016 and September 5, 2016.

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