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(영문) 제주지방법원 2015.07.09 2014가합433

임대료 및 손망실 대금

Text

1. The Defendant shall pay to the Plaintiff KRW 207,201,60 and the interest rate of KRW 20% per annum from February 25, 2014 to the day of full payment.

Reasons

Basic Facts

A. On June 2012, the Plaintiff entered into a temporary re-lease agreement with the Defendant (hereinafter “instant lease agreement”) with the following content.

Delivery Period: Gross amount of supply contract: 1,402,390,000 (including value added tax) contract period shall be the initial date of the first entry of the above subject matter, and the period of contract under Article 2 (Term of Lease) shall be the initial date of the first entry of the subject matter and shall settle the amount for eight months after the entry of the subject matter into the source of the material rent.

Jack 10 months) B(Plaintiffs) may, if the term of lease is extended, request Gap (Defendants) to use it for an extended period of five days prior to the expiration of the term of lease and may be extended under mutual agreement. If no declaration of intention is made by five days prior to the expiration of the term of lease, the contract shall be automatically extended, and Eul shall promptly notify Gap of the scheduled date of return of the leased goods.

The rent for materials additionally used after the expiration of the payment period shall be calculated in accordance with the following calculation method.

The method of calculating rents = [one-day unit price x number of days) basic fees] ¡¿ Quantity (the basic rental unit price shall be attached to the lease unit price table) Article 3 (Delivery and Return of Goods).

3. Where the lease period expires, A shall return the leased goods without delay, and the time of return shall be from 08:00 to 16:00 (in case of Saturdays, 14:00) on an ordinary day except for holidays and Sundays.

The place of return of leased objects shall be within the business place of B designated by B, and shall be separated according to the size so that the quantity may be inspected, and a specified quantity shall be returned together with the invoice.

4. With respect to leased goods, the amount verified by Party A shall be equivalent to the amount of survey by Party B.

Article 8 (Guarantee of Loss or Loss of Rental Articles and Limit of Waste) (1) If the leased object cannot be repaired in its original form, it shall be disposed of as waste, and the waste goods shall be sold in lots, separate from rent, (the value of the waste shall be paid to B within 15 days by applying the value of the waste.