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(영문) 서울중앙지방법원 2016.09.08 2016나10529

손해배상(기)

Text

1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. The costs of filing an application for the return of the provisional payment of the appeal.

Reasons

1. Facts of recognition;

A. On January 5, 2015, the Plaintiff leased (hereinafter “instant lease agreement”) monthly rent of KRW 4,500,000 (excluding value-added tax) owned by the Plaintiff to the Defendant, as indicated in the attached Form (hereinafter “instant artist”).

The main contents of the instant lease agreement are as follows.

(A) Among the terms and conditions of a contract, “A” means the Defendant, “B”, and “A” means the period of lease and the place of use: (1) the period from January 2015 to the date of the site termination; (2) the place of use: from January 2015 to the date of the site termination; (2) the method of calculating rent for the construction site of B company C (hereinafter “instant site”); (1) the method of calculating rent for the operation of equipment is based on the use of 250 hours per month (10 hours per day) and even if the monthly operation hours are less

(2) Rent calculation shall be based on the date following the regular inspection passes.

(3) A daily fee shall be calculated by applying the daily fee when using less than one month.

(1/30 of a monthly user fee x the number of days of actual use) (Article 3). (1) The rent shall be claimed as at the end of each month, and shall be paid at the 70th payment date.

(Payment in Cash) (Article 4) Expenses for the installation and dismantling of equipment A shall be borne by A, regardless of the term of lease.

[Article 7] Management and insurance, accident liability ① Liability for management and storage during the use of equipment A.

(2) B shall purchase heavy equipment safety insurance from the input of equipment to the expiration of the rental period.

(3) A shall subscribe to the liability insurance for installation, dismantling, and business compensation for equipment after a management contract, and all accidents that occur when equipment is installed, increased, or dismantled shall be treated as snow-defensing insurance for A.

(except in the case of occurrence of defects in equipment). [Article 10] Measures as to Non-performance of Contracts (Article 10). (1) In the event of failure to comply with this Agreement, Gap and Eul shall compensate for the damages suffered by the other party, and Eul and Eul may file a heavy scrap in consultation with Gap and Eul.

(b).