임료 청구의 소
1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
1. Basic facts
A. On April 25, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms that the GIB C New Construction Project (hereinafter “instant construction project”) sets out a lease agreement with the Defendant, setting the rent of KRW 35,200,00 (including monthly rent of KRW 3,080,000, installation expenses, safety inspection expenses, work expenses, etc.; hereinafter “the instant initial lease agreement”) for six months, total of rent of KRW 35,200,00 (including monthly rent of KRW 3,080,000, installation expenses, safety inspection expenses, work expenses, etc.).
The main contents of the instant lease agreement are as follows.
Article 3 (Calculation of Rent) (1) The starting date of rent shall be from the date of installation of equipment to the date of decommissioning after completion inspection.
(4) On-site circumstances, the lessee shall pay rent to the lessor even if the equipment is not in operation.
(5) It shall be calculated by multiplying the amount calculated by dividing the rental period by 30 days at a time exceeding six months and less than one month by the number of days used.
Article 4 (Terms and Conditions of Payment) (1) The term of payment shall be requested at the end of each month, and the lessee shall pay in cash within 30 days.
Article 5 (Installation, Dismantling, Completion Inspection, (3) Installation, Dismantling, Extension, and Equipment A/S, etc. of Equipment shall be responsible and constructed by the lessor.
(iv)the completion inspection shall be filed by the lessor (including fees) and inspected.
Article 13 (Termination of Contracts) If the lessee fails to unilaterally pay rent and construction cost on the commitment date without separate notice and measures, the lessor may suspend the use of equipment after the notice of this Agreement and the FAX is given to the lessor and may terminate the contract even without delay.
B. The instant lease agreement term was six months from May 11, 2012 to November 10, 2012, which was the date of passing a safety inspection, and the instant lease agreement continued to be explicitly renewed.
On the other hand, the term of validity of the safety inspection for the instant cranes is six months.
C. By December 2012, the Defendant totaled KRW 29,820,000 to the Plaintiff as the instant rent, etc.