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(영문) 서울중앙지방법원 2016.12.09 2016나44164

임대료

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a juristic person engaged in the business of manufacturing and leasing construction equipment, and the defendant is a juristic person engaged in civil engineering work, etc.

B. On March 12, 2007, the Plaintiff entered into a lease agreement with the Defendant for the three-wheeled flag (hereinafter “the first lease agreement of this case”) with the content that the Plaintiff would lease the Plaintiff’s automatic washing machine and mobile iron tank stuffs owned by the Defendant (hereinafter “the first lease agreement of this case”) to the Defendant within the three-dimensional Special-gun, North Korea, the lease period from March 12, 2007 to September 11, 2007, the monthly rent of KRW 750,000 (excluding value-added tax), the method of payment of rent of KRW 15,000 (excluding value-added tax), the monthly rent of KRW 15,30 (hereinafter “the first lease agreement of this case”).

Pursuant to the lease contract of this case, the Plaintiff leased the first wheels, etc. to the Defendant on March 12, 2007, and the Defendant used the first wheels, etc. during the lease period.

C. In addition, on April 28, 2007, the Plaintiff and the Defendant entered into a lease agreement with the three-wheeled flag with the content that the Plaintiff shall set the lease period from April 28, 2007 to June 27, 2007, with the lease period of KRW 1,200,000 per month for the rent (excluding value-added tax) at the lease place for the lease place of the eight rolld Engines and mobile steel tanks (hereinafter “instant second-wheeled 2”) owned by the Plaintiff to the Defendant.

On March 12, 2007, the Plaintiff leased the second wheels, etc. to the Defendant on March 12, 2007, and the Defendant used the second wheels, etc. during the said lease period.

The Defendant did not pay to the Plaintiff KRW 4,125,00 in total for five months (from April 12, 2007 to August 11, 2007) under the instant lease contract (i.e., KRW 825,000 x 5 months x value-added tax) and KRW 462,00 in round-over transport expenses for five tons. The Defendant did not pay rent of KRW 2,530,00 in total under the instant lease contract / one-month 1,320,00 in total / one-month 1,210,000 in monthly rent of KRW 1,20,000 in 1,000 in 1,200,000 in 1,000,000 in 1,100,000 in rent under the instant lease contract.