beta
(영문) 부산지방법원동부지원 2017.11.15 2017가단201738

장비임대료등 청구의 소

Text

1. The Defendant’s KRW 8,440,00 for the Plaintiff and 5% per annum from April 5, 2017 to November 15, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of leasing construction machinery, equipment, and parts, and the Defendant is a corporation established for the purpose of leasing, installing, and dismantling other workshops.

B. On October 26, 2015, the Plaintiff agreed to lend the instant equipment to the Defendant (hereinafter “instant equipment”) and entered into a lease agreement with the Plaintiff, which provides for about 10 months of the rental period, 3,200,000 won per month, and transferred the instant equipment to the Defendant.

C. The instant contract contains the following descriptions as to the responsibility for the transportation, installation, and management of equipment:

Article 3 [Installation, Dismantling, Transportation]

1. The transport of equipment shall be conducted under the responsibility of Party A (Defendant; hereinafter the same shall apply);

2. Installation and cancellation shall be enforced by A, and the costs thereof shall be borne by A;

Article 4 [Maintenance, Management and Repair]

1. Equipment during the lease period shall be managed under the responsibility of the Party A;

2. A/S costs for parts, repair personnel costs, and all other expenses shall be borne by B (the plaintiff; hereinafter the same shall apply);

Provided, That in the event that equipment is damaged or destroyed due to care due to the use of equipment, A shall bear the burden.

Article 5 (Responsibility for Accidents and Obligation of Completion Inspection)

1. A shall be liable for any accident, damage, or theft that has occurred when the installation or demolition of equipment, and A shall be liable for any damage inflicted on other persons, such as human life, underground, and ground dangerous substances, etc. in the workplace during the period of lease;

2. The duty of completion inspection conducted by the Industrial Safety Management Corporation and the expenses incidental thereto shall also be responsible for A;

3. Provided, That in the case of an accident caused by a defect in the equipment itself, B shall be responsible.

After installing and using the instant equipment on December 13, 2016, the Defendant notified the Plaintiff of the removal of the relevant equipment on the grounds that the hydrotension does not work, and the Plaintiff was still repaired, but did not work. After removing the hydrotension, the Plaintiff must exchange the equipment with the new hydrotension.