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(영문) 수원지방법원 2016.06.15 2016가단14016

사용료

Text

1. The Defendant shall pay to the Plaintiff KRW 32,621,281 and the interest rate of KRW 15% per annum from March 11, 2016 to the date of complete payment.

Reasons

1. Evidence 【Evidence】 1-1, 2, A2, A3-1 through 4, A4-1, 2, and the purport of the whole pleadings;

A. On April 13, 2015, the Plaintiff agreed to pay KRW 60 million for temporary materials, etc., and KRW 20 million as of June 10, 2015 for each of the following: (a) the period from April 13, 2015 to June 30, 2015; (b) the Defendant entered into a temporary re-lease agreement with the Defendant to lease the temporary materials, etc. to the Defendant; and (c) the Defendant shall pay KRW 15 million as of April 24, 2015; and (d) the amount of KRW 25 million as of May 10, 2015; and (e) the amount of KRW 20 million as of June 10, 2015.

B. On April 13, 2015, the Plaintiff handed over temporary materials, etc. to the Defendant.

C. Around the beginning of December 2015, the Defendant returned temporary materials, etc. to the Plaintiff.

C. The Plaintiff’s unpaid rent is KRW 32,621,281 in total, including KRW 17,779,971 in August 2015, KRW 6,626,070 in September 2015, KRW 6,767,827 in October 2015, and KRW 1,447,413 in November 2015.

2. The allegations by the parties and the judgment of this court

A. According to the above recognition of the rent claim, the Defendant is obligated to pay to the Plaintiff the rent of KRW 32,621,281 and the damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 11, 2016 to the date of full payment, which is the day following the delivery date of a copy of the complaint in this case.

B. The Defendant asserted that the Defendant agreed on the additional rent of KRW 10 million for delay in the return of temporary materials at around August 2015, but there is no evidence to acknowledge this. Therefore, the Defendant’s assertion is without merit.

3. The plaintiff's claim is justified.