(영문) 청주지방법원 2017.05.19 2016가단112914

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(영문) 청주지방법원 2017.05.19 2016가단112914

사용료

Text

1. The Defendant shall pay to the Plaintiff KRW 125,317,142 as well as 30% per annum from September 21, 2016 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. On September 1, 2014, the Plaintiff entered into a temporary re-lease agreement with the Defendant (hereinafter “instant lease agreement”).

(A) A temporary re-lease agreement (A) refers to the Plaintiff, and B refers to the Defendant.

Article 2 (Lease Term)

1. The lease period shall be the lease period specified in attached Form 1 (2) and the minimum use period (basic 30 days) shall be guaranteed;

2. If one party does not express its intention of discharge, etc. at least seven days before the expiration of the lease term, this contract shall be deemed to have been renewed under the same conditions.

In such cases, "B" shall notify "A" of the scheduled date for returning the article without delay.

Article 3 (Methods of Payment of Rent) Rent shall be calculated monthly on the basis of the date on which the leased object A is released, and paid on the date of payment agreed by the method specified in attached Form 1 (3).

Provided, That where the payment of rent is delayed by the date on which the contract is concluded, 30% overdue interest rate per annum shall be paid by the date of full payment.

Article 14 (Reduction of Rental Articles and Limit of Waste)

1. The waste shall be treated as waste goods in a state in which it is impossible to repair it in its original form due to plucking, cutting, central part of the leased object, or artificial damage of oil pumps, etc., and waste goods shall be payable to “A” in accordance with Article 20(2), separate from rents.

2. When “B” loses possession of leased objects due to loss, theft, etc. and thus it is impossible to recover the possession of “A”, “B” shall pay the quantity in question to “A” in the same manner as that of the preceding paragraph.

Article 17 (Amount of Damages) The amount of damages shall be calculated by adding up the liability to “A” and damages for delay (30% per annum) to “B” related to this contract, such as rents as of the last settlement date of damages and expenses for shuttle transport.

Article 20 (Special Agreement)

2. In addition, the compensation rate for damages for leased objects shall be the standard unit price for Korean oil pumps.

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