(영문) 부산지방법원 2018.12.14 2018나55043

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(영문) 부산지방법원 2018.12.14 2018나55043

임차료

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On April 15, 2015, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “the first lease agreement”) with the eight complex (MA110CP-W 3, APV7080-W 4, APV275-W 1, the lease period of KRW 3,970,00, and the first lease period from April 15, 2015 to April 30, 2019 (hereinafter “the first lease”). At the request of the Defendant, the Plaintiff and the Defendant entered into the lease agreement and unmanned lease agreement with the Defendant on June 26, 2017 (APV 271-W 8, 271-W), with the total lease period of KRW 2,28,00,00 and KRW 26,00 from June 26, 2017 “the lease period of KRW 26,00,271.”

At the time, the Plaintiff and the Defendant, among the existing equipment, terminated the APV7080-W lease agreement without penalty, and collected the above equipment until September 2017, and did not receive monthly rent until recovery.

Since then, the plaintiff provided the defendant with the delivery and installation of the 8-year complex and the unmanned metal system which is the object of the second lease contract.

C. On December 18, 2017, the Plaintiff recovered the remaining APV7080-W 1st, which is an existing equipment, and the remaining APV7080-W 2st on January 11, 2018.

Accordingly, the Plaintiff revoked the Plaintiff’s claim for rent of KRW 3,547,500 for three existing equipment from October 2017 to December 2017.

From October 2017, the Defendant did not pay monthly rent under the instant lease agreement to the Plaintiff.

Accordingly, on March 19, 2018, the Plaintiff notified the Defendant of the payment of rent and termination of the contract, and on April 30, 2018, the instant lease contract was terminated on the ground that the Defendant was unpaid rent.

The unpaid rent of the Defendant, including overdue interest, reached KRW 23,468,497 as of April 30, 2018.

E. The instant lease agreement is without any cause attributable to the Plaintiff.

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