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Reasons
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(영문) 서울고등법원 2016.11.24 2016나2049342
건설장비 임대료
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Plaintiff is a personal entrepreneur who lends various construction machinery in the name of “D,” and the Defendant is a contractor awarded a contract for the “C Corporation,” which was ordered by the Incheon Metropolitan City Incheon Metropolitan City Mayor, and the Do River Construction Industry Co., Ltd. (hereinafter “Do River Construction Industry”) was awarded a subcontract for the said construction works from the Defendant on September 18, 2014 (hereinafter “instant construction works”).

B. On October 22, 2014, the Han River Construction Industry entered into a contract between the parties (i.e., the instant lease agreement) with the Plaintiff and basic equipment lease agreement (hereinafter “instant lease agreement”).

The terms and conditions of the instant lease agreement are as follows. The key contents of the instant lease agreement are as follows. The 35,000,000-4 knb knb 3000m knb knb knb 30,000 knb knb knb 3000m knb knb knb 3000m knb knb knb 3000m knb knb knb 35,000,000-4 7,000- 1,000-1,000,000 mnb 300m knb knb knb 6,000-6,000-6,000 knb knb knb 25,000-10-7 knb knb knb k

1. Indication of the leased object;

2. Term of contract: From October 22, 2014 to the date of arrival of the designated place, and may be extended or shortened under the agreement between the plaintiff and Eul (Plaintiff).

The destination shall be determined to be the place of departure, and may be changed in consultation with each other.

3. Lease method: The basic equipment shall be the monthly basis, and the number of days shall be settled when it exceeds one month;

4. Terms and conditions of lease: The payment of user fees shall be conditional on the terms and conditions that are treated immediately in the original building B (Defendant);

5. Rent: 109,500,000-VAT Map 109,500,000 won-Won of gold billion.

6. Method of settlement: The settlement shall be made on the last day of each month and 60 days in cash.

[Omission]

7. 4) Transportation costs may be deducted from the monthly rent for the end of the use of the Do for at least six months as of the settlement date.

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