장비임대료
1. The Defendant’s KRW 42,900,000 as well as the Plaintiff’s annual rate of KRW 6% from April 24, 2014 to April 30, 2015, and the following.
1. Facts of recognition;
A. The Plaintiff is a company that operates a rental business for building works, and the Defendant is a company that operates a reinforced concrete construction business.
B. On March 4, 2005, the Plaintiff and the Defendant concluded a equipment lease agreement with respect to the construction site for the construction site for the Cheongju-si apartment complex (hereinafter “Cheongju-dong apartment site”) around September 2008, with respect to the construction site for the construction site for the Cheongsung-si Amsung-si Port Hospital (hereinafter “Dongdong-si site”), and (3) on March 4, 2009, with respect to the construction site for the construction of the Cheongsung-gun apartment complex (hereinafter “Masung-gun apartment site”).
C. The Plaintiff and the Defendant agreed to claim the rent, etc. for each month under Article 4 of the above equipment lease agreement and pay it by the end of the following month.
The Plaintiff’s separate claim amount of KRW 144,386,00 on the Dong-dong (from May 31, 2005 to September 11, 2008) KRW 14,386,50,00 (from September 2008 to December 24, 2008), 3,036,00 (from December 2009 to December 4, 2009) at the Cheongju-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-
D. The amount of the plaintiff's claim related to each of the above equipment lease contracts and the amount paid by the defendant are as follows.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. Determination
A. According to the facts found above, the Defendant is obligated to pay the Plaintiff a total of KRW 59,561,000,000, except in extenuating circumstances.
B. As to the claim for extinctive prescription, one Defendant’s assertion ① The Plaintiff’s claim for rent as movable property is one year of extinctive prescription pursuant to Article 164 subparag. 2 of the Civil Act.
② Even if the period of extinctive prescription is three years, the period of extinctive prescription shall be calculated as of April 14, 2014, which is the date of filing the instant lawsuit by the Plaintiff.