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(영문) 제주지방법원 2017.09.18 2016가단13429

임대료

Text

1. The Defendant’s KRW 89,743,00 for the Plaintiff and 6% per annum from September 13, 2016 to September 18, 2017.

Reasons

1. Basic facts

A. On April 10, 2015, the Plaintiff entered into a contract with the Defendant to lease construction materials at the site of the Chocheon-si and the New Housing Construction Corporation (hereinafter “instant construction”) in Jeju-si (hereinafter “instant construction”) and leased the construction materials, such as water pumps and pipes, to the Defendant by August 31, 2016.

B. The rent for the above period is KRW 90,059,000, and the Plaintiff was paid KRW 20,000 by the Defendant.

C. Meanwhile, the Plaintiff did not receive a refund of some of the materials. The price of the materials is KRW 19,684,00.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 70,059,000 and the amount of KRW 19,684,00 and the amount of KRW 89,743,00, a total of KRW 800 and the amount of KRW 89,743,00 from September 13, 2016, which is the day following the day when the original copy of the payment order was served as the original copy of the payment order, to the plaintiff at a reasonable rate of 6% per annum prescribed by the Commercial Act from September 18, 2017, which is the date when the defendant delivered the original copy of the payment order, and 15% per annum prescribed by the Act on Special Cases

(A) The Plaintiff filed a claim for the payment of damages for delay from September 1, 2016 to September 12, 2016. However, it is reasonable to deem that the Defendant is liable for delay from the date of receipt of the claim for performance. However, there is no evidence to acknowledge that the Plaintiff had requested the performance of the obligation to the Defendant before the original copy of the payment order was served. The Defendant’s claim on March 3, 2007 is without merit. The Defendant was awarded a subcontract for civil engineering and shipbuilding works during the instant construction from the Plaintiff’s interest rate, but the construction was suspended by agreement with the Plaintiff’s interest rate in September 2015, and the rent incurred by the Defendant in relation to the rent for temporary materials to the Plaintiff from September 2015 to the Plaintiff’s interest rate. The rent accrued from September 2015, 2015 to the Plaintiff’s interest rate.