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(영문) 부산지방법원 2015.10.23 2014나46690

사용료

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a personal entrepreneur who runs the business of leasing construction materials with the trade name of “C,” and the Defendant is the owner of the building of the commercial building located in Suwon-gu Busan Metropolitan Government D (hereinafter “instant construction”).

B. On May 26, 2012, E: (a) between the Plaintiff and the Plaintiff, under the name of the Defendant, leased six kinds of construction materials necessary for the instant construction work (hereinafter “each of the instant construction materials”) from May 26, 2012 to the return date; (b) in the case of the payment method of rent, the first month rent shall be paid at the time of shipping the instant construction materials; (c) the remainder shall be paid at the end of each month after settling the accounts at the end of each month; and (d) in addition, the Defendant entered into a lease agreement with the Plaintiff to compensate the Plaintiff for the unit price of the relevant construction materials if it would be lost or lost while using each of the instant construction materials.

(hereinafter “instant contract”). C.

From May 26, 2012 to September 30, 2012, the Plaintiff leased each of the instant construction materials at the instant construction site, and the total rent, loss, or loss compensation for each of the instant construction materials is 12,28,544 won in total.

On the other hand, E paid to the Plaintiff via F with the money subsidized by the Defendant, KRW 2 million as the first month rent on May 26, 2012, which was the date of shipping each of the construction materials of this case, and KRW 3 million as the interim settlement rent on July 16, 2012.

【The Defendant’s defense of each entry of Gap evidence Nos. 1 through 3, Gap evidence No. 6, and Eul evidence No. 2 (including spot numbers, if any; hereinafter the same shall apply) without any dispute, as to the ground for recognition Nos. 2

B. (2) We do not accept for the same reasons as described in paragraph (2). The testimony of the witness E at the first instance and the first instance court, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The plaintiff alleged by the parties concerned is the plaintiff as the party to the contract of this case.