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The defendant's KRW 52,423,870 to the plaintiff and 6% per annum from April 25, 2017 to November 18, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person engaged in the construction equipment operation business, heavy equipment rental business, etc. under the trade name of “D,” and the Defendant is a corporation that conducts construction business, etc.
B. On December 18, 2015, the Plaintiff entered into a lease agreement with the Defendant, under which the Plaintiff leased one stree (hereinafter “instant stree”) at the site of the Busan Construction Corporation (hereinafter “instant new construction”) (hereinafter “instant stree”) (hereinafter “instant lease agreement”).
The term of the instant lease agreement is from the date of establishment on December 2, 2015 to June 2016 (six months), and the user fee is KRW 6050,000 per month (including value-added tax, total user fee for six months, including value-added tax, KRW 62,00,000, total user fee for six months, and total user fee and monthly rent, shall be the cost of installation and dissolution of a rail). After the expiration of the lease term, the rent is separately positive after the expiration of the lease term, and the expenses incurred in the installation and dissolution of the rent shall be settled at the end of each month.
C. On December 25, 2015, the Plaintiff established the instant crane at the instant new construction site and used it to the said construction site from that time.
On May 9, 2016, the Defendant concluded a subcontract for reinforced concrete construction among the instant new construction works with F Co., Ltd. (hereinafter referred to as “F”), and around that time, the instant period was used by F for performing reinforced concrete construction works. Since then, F Co., Ltd. was dismantled on December 18, 2016.
【Uncontentious facts, Gap evidence 1 through 3, Eul evidence 1 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. The Plaintiff asserts that the Defendant should pay KRW 52,580,000, which remains after subtracting the Defendant’s paid KRW 50,710,000, out of the total amount of usage fees for the period from December 25, 2015, to December 18, 2016, which was the date of dissolution, from December 18, 2016, which was the date of the instant Crein installation, and of the cost of installation and dismantling of the Crein.
According to the above facts of recognition, the defendant.