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(영문) 서울중앙지방법원 2016.05.25 2015가단5158756
건설기계임대료
Text

1. The Defendant’s KRW 10,962,00 and the Plaintiff’s annual rate of KRW 6% from December 1, 2014 to May 25, 2016.

Reasons

1. Basic facts: 18 months (from December 24, 2013 to February 28, 2015): The place of use: Article 3 (Payment of Rent) (1) The payment of rent shall be made at the end of each month and in cash within 35 days.

Article 5 (Completion and Management of Equipment) (3) The repair of breakdowns occurred during the normal use of equipment shall be borne by “B” (referring to the Plaintiff in this case; hereinafter the same shall apply), and Article 6 (Liability for Loss, Damage, and Repair of Equipment) (hereinafter the omission) (2) The repair due to the breakdown of equipment shall be “B”.

(3) The term "B" shall complete the repair period of equipment within 48 hours.

On December 24, 2013, the Plaintiff engaged in construction machinery rental business under the name of C, on the same day, leased one unit (type: DWT 1400-F01-1, size: 14 tons, vehicle number: D; hereinafter “instant equipment”) to the Defendant as follows (hereinafter “instant lease agreement”), and delivered the instant equipment to the Defendant on the same day. However, on the monthly rent column of the instant lease agreement, the Plaintiff stated “ 3,500,000” as the “nex e.g., [Attachment].”

B. Since April 2014, the Defendant, along with the Plaintiff’s children, etc. representing the Plaintiff on behalf of the Plaintiff, stated two parts above “ 3,500,000” as indicated in the monthly rent column of the instant lease agreement, and stated “ 4,00,000.”

[Reasons for Recognition] The entry of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserts that the Defendant and the Defendant claim for the payment of KRW 44,572,00 of the rent from December 24, 2013 to November 30, 2014, as the Plaintiff received KRW 44,572,00 (including value-added tax) monthly from the commencement date of the lease period under the instant lease agreement.

In this regard, the defendant increased monthly rent from May 2014 to 4 million won (excluding value-added tax), so monthly rent from April 2014 to April 3, 2014 is KRW 3.5 million per month (excluding value-added tax), and around April 2014 and around April 201.

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