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(영문) 서울동부지방법원 2019.11.29 2019가단8413
임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 62,537,558 and interest rate of KRW 12% per annum from March 29, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation mainly engaged in the construction machinery and equipment and the sales and rental business, and the defendant is a corporation mainly engaged in the construction business.

B. On March 31, 2018, the Plaintiff and the Defendant entered into a contract for the lease of temporary materials (hereinafter “instant lease contract”) with respect to various construction sites, such as the new construction site of D Factory located in Ischeon-si, and the new construction site of E commercial buildings located in Chungcheongnam-si on April 12, 2018, and the instant lease contract is as follows.

Article 3 (User Fee) The user fee shall be paid by mutual agreement between the plaintiff and the defendant as at the time the article arrives at the site.

Article 5 (Method of Compensation) When the defendant loses possession of an object due to its inferior, destruction, non-payment, etc. and thus is unable to recover his/her ownership within five days from the end of his/her use, the defendant shall immediately return the object to the plaintiff, and when he/she compensates for it with the price (attached Form).

Article 17 (Recollection of Materials) The Plaintiff’s material leased at the Defendant’s site is the Plaintiff’s property, and thus, the Plaintiff’s receipt of a person responsible for the on-site management shall be verified upon arrival in the Plaintiff’s warehouse F

C. From around that time to February 2019, the Plaintiff leased construction materials to the Defendant pursuant to the instant lease agreement.

The Defendant delayed the payment of rent under the instant lease agreement, and did not return part of the materials to the Plaintiff even after the completion of use. ① The unpaid rent for the portion used until January 31, 2019 is KRW 30,962,458, ② the amount converted based on the amount stated in the attached Table (attached Table) is KRW 31,575,100.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 6 (including each number), the purport of whole pleading

2. According to the above findings, the defendant's total amount of KRW 62,537,558 = Unpaid rent 30,962.

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