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(영문) 광주지방법원순천지원 2019.02.27 2018가단7836

건축장비사용료

Text

1. The Defendant shall pay to the Plaintiff KRW 41,68,250 and interest rate of KRW 15% per annum from January 24, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 29, 2017, the Plaintiff leased building materials necessary for the construction of a new construction of an accommodation facility adjacent to C’s ground to the Defendant by setting a lease period of two months, rents of 24,750,000 won (excluding KRW 55,00 per square day, value-added tax).

(hereinafter referred to as "first lease contract"). (b)

On January 18, 2018, the Plaintiff leased the construction materials necessary for the construction of the D-based building to the Defendant by setting the lease period of two months, rent of 1,540,000 won (excluding KRW 55,00 per square day, value-added tax).

(hereinafter referred to as "second lease contract"). (c)

On March 16, 2018, the Plaintiff leased construction materials necessary for the construction of the E-ground Building at the Mineyang-si to the Defendant by setting the lease period of two months, rent of 1,210,000 won (excluding KRW 55,00 per square, value-added tax).

(hereinafter “third Rental Contract”). (d)

At the time of the above lease agreement, the plaintiff and the defendant agreed to pay the rent in addition to the rental fee if the rental period for construction materials exceeds the agreed period.

(e) The total rent by August 24, 2018 under the first lease agreement is KRW 36,636,100 (including value-added tax), the total rent by March 30, 2018 under the second lease agreement is KRW 1,88,800 (including value-added tax) and the total rent by June 11, 2018 under the third lease agreement is KRW 3,163,350.

[Ground of recognition] Facts without dispute, entry of Gap 3 to 40 evidence (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to pay to the plaintiff the sum of the construction materials rent of 41,688,250 won (36,636,100 +1,88,800 + 1,88,800 +3,163,350) under each of the above rental agreements and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 24, 2019 to the date of full payment, as the plaintiff seeks.

The plaintiff's claim is justified and accepted.