사용료
1. The Defendant shall pay KRW 73,500,000 to the Plaintiff and KRW 15% per annum from May 14, 2016 to the date of full payment.
Comprehensively taking account of the facts not disputed between the parties and the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 4, the plaintiff is acknowledged as having entered into a barge charter contract with the defendant during the period of use from September 1, 2014 to February 21, 2016, with the defendant as the period of use from September 1, 2014; the monthly charterage may be reduced or extended by mutual agreement; the monthly charterage shall be KRW 11,00,000,000, and the monthly rent shall be determined by the 30th day of the following month; and the defendant shall charter the barge to the defendant during the charter period; the defendant was transferred the barge from the plaintiff and used the barge; the defendant is recognized as having paid the charterage amounting to KRW 1,50,00,00,00 for the year 20,000,000,000,000 won for the year 12,016,2016
Accordingly, the defendant is obligated to pay to the plaintiff 75,00,000 won (=1,50,000 won + 44,900,000 won + 12,100,000 won + 12,100,000 won + 4,000,000 won + 73,50,000 won (=75,000,0000 won - 1,50,000 won for the repair of barge for which the plaintiff himself recognizes the deduction) out of the total charterage paid to the plaintiff.
On February 21, 2016, the defendant defense that the plaintiff repaid to the plaintiff 4,400,000 won in charterage, and there is no evidence to acknowledge the fact that the defendant satisfied the claim, and thus, the defendant's defense is not acceptable.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 14, 2016 to the date following the delivery of a copy of the application for extension of claim and modification of the cause of claim as of May 12, 2016, as sought by the Plaintiff.
Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition by accepting it.