임대료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
In the first instance court, the Plaintiff claimed KRW 19,733,80 in total (the amount indicated in the main contents and evidence, but the Plaintiff maintained the purport of the claim as it is) and damages for delay due to the loss of construction materials leased on March 7, 2015. The first instance court dismissed the Plaintiff’s claim for damages due to the loss of construction materials leased on or around March 7, 2015, and accepted the remainder of the claim.
As to this, the defendant appealed only to the part against the defendant among the judgment of the court of first instance, the dismissed part shall be excluded from the scope of the judgment of this court.
On June 13, 2014, the Plaintiff and the Defendant (the former name is referred to as “C”) concluded a contract for construction temporary re-lease with the content that the Plaintiff leases construction temporary materials in the D Construction Site in Chungcheongnam-nam, Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant construction site”).
In accordance with the above lease agreement, the Plaintiff leased water pumps, steel pipes, and other construction materials (hereinafter “first construction materials”) from June 18, 2014 to January 13, 2015 at the instant construction site. Rent is KRW 10,237,800. The Plaintiff returned the first construction materials from the Defendant on January 14, 2015. The Plaintiff was not returned the first construction materials equivalent to KRW 1,200,000 among the first construction materials. From June 17, 2014, the Plaintiff sold such consumed materials as 401,00,000 in total to the Defendant, including wabine and shortage. The Plaintiff leased the first construction materials from June 9, 2015 to July 8, 2015 to KRW 14,30,000,000 in total, 300,000 in rent.
The Plaintiff was unable to return all the secondary construction materials from the Defendant.
Therefore, the Defendant’s total sum of KRW 13,658,80 (i.e., KRW 10,237,800, KRW 1,200,000) and the Defendant’s total of KRW 1,430,000.