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(영문) 의정부지방법원 2016.10.14 2015나12322

건설기계 임대료 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

A. A lease agreement was concluded (hereinafter “instant lease agreement”) and accordingly, the Defendant installed the instant equipment at the site of the construction of the Gangseo-gu Seoul Metropolitan Government Office 2 Officetel.

On August 12, 2013, the Plaintiff drafted a written agreement with the Defendant (hereinafter “instant agreement”). The Plaintiff’s manager C and the Plaintiff’s representative agent E at the time of the Defendant’s management and the Defendant’s representative E certified the said agreement as a notary public No. 191 on August 13, 2013, as a law firm e-mail.

1) The Plaintiff and 45,000,000 with respect to the above project shall be agreed and payable in three equal installments. 2) At the first attorney-at-law office, seals shall be affixed and 15,000,000 won shall be paid at the time of lump sum payment.

3) After the occurrence of the second September, KRW 15,00,000 shall be paid for a lump sum payment of KRW 15,000,000 for a subcontract. 4) Before the dissolution of the third 3th rith rith rith rith rith rith rith, it shall be paid.

5) After the formation of the agreement, a set-off operation is immediately conducted.* No objection is raised to voluntarily suspend all the equipment when the above matter is not implemented. The Defendant paid 22,50,000,000 won out of the rent 45,000,000 under the agreement of this case to the Plaintiff. [In accordance with the above-mentioned findings, the Defendant is obligated to pay the Plaintiff damages for delay calculated by subtracting the rent 45,00,000 won from the rent 45,000,000 won under the agreement of this case subtracting the Plaintiff paid the Plaintiff from the rent 45,00,000 won under the agreement of this case and the damages for delay from October 15, 2014 to the date of complete payment, as the Plaintiff’s request, at the rate of 222,50,000,000 won, which is clear that the copy of the complaint of this case was served to the Defendant.

On the other hand, the defendant is a pure rent of KRW 3,670,000 among the rent of KRW 9,000,000 as stipulated in the instant lease agreement, and thus, monthly.