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(영문) 서울중앙지방법원 2015.11.19 2013가합517094
임대료
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 320,99,986 and the Plaintiff’s 100,000,100 among them, May 10, 2013.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On September 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to designate and lease a unit of 11,50,000 rental fee per month from September 201 to August 2013 from September 201, for a period of 20 tons of 20 tons of nives (the name of the model: BN405-20; the main structure of the model is as indicated in attached Table 1; the same shall apply as indicated in attached Table 1); and from September 201, to August 201, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”).

The contents of the above lease agreement pertaining to the instant case are as follows:

Article 2 (Calculation of Rent) (1) of the Act on the Maintenance of User Property Insurance (Lease Period and Use): The lease period of "(1) of Article 1 (Lease Period and Use) of the Act on the Maintenance of User Property: from September 2011 to August 2013 (24 months before the end of the site): the place where the place of use is located (including JIB50M,INTN CAGE, EXAL CAGE, MAGE, MATS-8E), monthly rent operating cost of construction machinery in the number of construction machinery specifications: The operation period of construction machinery falls short of 250 hours (10 hours until the end of the departure), and the basic rental period of the Plaintiff shall be less than the basic rental period from the date of the departure to the end of the arrival of the Incheon, and the basic rental period of the Plaintiff shall be less than the basic rental period from the date of the departure to the end of the arrival of the Incheon, and the rental period of the construction machinery shall be less than the basic rental period of the Plaintiff.

Article 4 (Transportation, etc. of Construction Machinery) (2) The transportation cost of construction machinery shall be borne by “A” for a period of less than six months when the lease period is less than six months, and the transportation cost of steel (after entry into a Incheon Port) shall be borne by “B” for at least six months. Article 5 (Completion and Management of Construction Machinery) (1) The responsibility for the management and storage of construction machinery during the use of the construction machinery shall be “A”.

2 Construction machinery shall be subject to the responsibility of "A".

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