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(영문) 서울중앙지방법원 2016.01.21 2014가단202514
장비임대료
Text

1. The Defendant’s KRW 32,250,90 for the Plaintiff and KRW 5% per annum from October 1, 2014 to January 21, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur operating construction machinery rental business, and the Defendant is a company that engaged in construction business, etc. and performed soil and sunken concrete construction in the Seongbuk-gu Seoul Metropolitan Government Section B from Poco Construction (the co-defendant in this case was withdrawn).

B. Period of use of the instant contract: From March 1, 2014 to September 30, 2014: 12,000,000 won per month (excluding value-added tax) and overtime allowances of eight hours per day’s work hours: A separate rent shall apply to additional holidays of 15 percent per hour.

The defendant shall provide materials, oil storage, board and lodging.

[General Conditions of Construction Machinery Lease Contract] Article 2 The period of use shall be the date specified in the contract.

Provided, That if the period of use is to be extended, it may be extended through consultation between the lessor and lessee.

Article 3 (1) The operation hours of construction machinery shall be eight hours a day and two hundred hours a month.

(2) Where the standard hours referred to in paragraph (1) fall short of the standard hours due to a cause attributable to a lessor, it shall be deemed that the standard hours have been operated if they fall short of the standard hours referred to in paragraph (1) due to a cause attributable to the

(4) Work hours shall be fixed according to the work days confirmed by a lessor and a lessee.

Article 4 (1) Lease fees shall be the amount specified in the contract.

(2) The rent referred to in paragraph (1) shall be the amount which includes the amount of wages for construction machinery operators, expenses for mechanical repair (Depreciation, maintenance expenses and management expenses).

(4) Where construction machinery is leased for at least one month and it has not been operated for at least five days during the period of use due to a breakdown or natural disaster, etc., the rent per month shall be deducted.

Article 5 (1) The cost of oil and transportation necessary for the operation of construction machinery shall be borne by a lessee, and shall be determined by consultation between a lessor and a lessee, taking into consideration the field conditions of each type of machinery.

(2)

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