beta
(영문) 대전지방법원 2019.03.13 2018가단10446

가설재임대료 등

Text

1. The Defendant’s KRW 35,649,425 as well as the Plaintiff’s annual rate of 6% from March 16, 2018 to April 11, 2018, and the following.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a person who engages in the business of leasing snow materials with the trade name of “C”. On June 24, 2017, the Plaintiff is a Daejeon UN UNDD site (hereinafter “first site”) to the Defendant on June 24, 2017.

A) A contract for the lease of temporary materials was concluded and the provisional materials were leased to the Defendant. A written agreement - On December 18, 2017, the settlement of accounts was reported at KRW 24,000,000 (the purchase price of materials) for the unpaid rent of KRW 10,000. - The Defendant promised to pay KRW 10,000 by the end of December 2017. - The remainder shall be returned by the end of December 2017. - The Defendant shall pay the unpaid materials on the D site before and after the Gu administration 2018. 2) The Defendant did not refund the materials without paying rent at all.

Accordingly, on December 18, 2017, the Plaintiff and the Defendant drafted a written agreement as follows:

(A) No. 2, 3) The Defendant did not pay the amount stated in the foregoing written agreement, and returned the materials to be returned by the end of December, 2017 to the end of March 15, 2018. The additional rent for temporary materials and the amount of loss incurred during the said period (the amount of loss or loss caused by permanent materials) are KRW 10,843,425 in total (the details of the award are as shown in attached Table 1).

(4) In addition to the first site, the Plaintiff leased temporary materials from July 20, 2017 to March 15, 2018, at the Defendant’s request, to the Seo-gu, Daejeon (hereinafter “second site”).

The defendant does not pay 806,000 won out of the rent.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 12 (including provisional number), the purport of the whole pleadings

B. According to the above facts of determination, the defendant is liable to pay to the plaintiff KRW 35,649,425 (24,00,000 under a written agreement plus KRW 10,843,425 plus KRW 806,000,00,000 for additional rents and losses for temporary materials at the first site plus KRW 10,843,425) and the remainder of the temporary rent for the second site from March 16, 2018 to April 11, 2018 when a duplicate of the complaint in this case was served on the defendant.