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(영문) 청주지방법원 2017.02.23 2016가단116374

사용료

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 24,603,076 and Defendant A with respect thereto from November 25, 2016, and Defendant B.

Reasons

1. Determination on the cause of the claim

A. 1) On February 29, 2016, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

B) As between Defendant A and Defendant A, a temporary re-lease agreement (hereinafter “instant lease agreement”) stating that Defendant A would lease temporary materials, such as water pumps, at the construction site of structural construction performed within Pyeongtaek-si C (hereinafter “instant lease agreement”).

(2) On the other hand, Article 3 of the instant lease agreement provides that “The rent shall be paid every month on the basis of the date on which the leased goods are released by the lessee, and shall be paid on the date of payment agreed by the attached Table 1’ (payment method: claim at the end of each month, payment at the end of the following month (payment in cash). However, where the payment of rent is delayed by the agreed settlement date, delay damages shall be paid at the rate of overdue interest rate of 30% per annum until the date of full payment.”

3) In accordance with the instant contract, the Plaintiff leased temporary materials to Defendant A from March 25, 2016 to October 31, 2016, and the rent that was incurred until October 31, 2016 is KRW 39,603,076. 4) Defendant A prepared and issued a letter of payment with the Plaintiff on November 18, 2016, and jointly with E to pay the unpaid rent of KRW 39,603,076 by November 30, 2016.

5) On December 5, 2016, Defendant A repaid KRW 15,000,00 to the Plaintiff. [The fact that there is no dispute over the grounds for recognition, each entry in the evidence A1 through 4, and the purport of the whole pleadings.]

B. According to the above facts of determination, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 30% per annum, which is the agreed interest rate of 24,603,076 won (=39,603,076 won - 15,000,000 won) from November 25, 2016 following the delivery date of the original copy of the instant payment order, and Defendant B is liable to pay damages for delay calculated at the rate of 30% per annum, which is the agreed interest rate from November 24, 2016 to the day of full payment, from the day following the delivery date of the original copy of the instant payment order.

3. Conclusion.