(영문) 제주지방법원 2017.01.20 2015가단19222

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(영문) 제주지방법원 2017.01.20 2015가단19222

임대사용료

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1. The Defendant’s KRW 41,564,50 for the Plaintiff and KRW 5% per annum from November 23, 2016 to January 20, 2017.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is a person engaging in the retail and lease of construction materials, such as pipes, water pumps, and pypp, with the trade name of “C”, and leases construction materials to the Defendant from July 27, 2013 to the date of closing the argument in the instant case (hereinafter “instant table”) as follows: (a) from July 27, 2013 to the date of closing the argument in the instant case, each of the goods is specified as the number of sequences; and (b) the Plaintiff

The plaintiff claims rent from October 24, 2016 until October 24, 2016. The sum of the rent is KRW 61,807,800.

B. Determination 1) As to the building materials leased by the Plaintiff to the Defendant, the fact that the Plaintiff leased each of the building materials listed in the Nos. 6 through 12 of the instant table to the Defendant from each of the dates indicated in the “Lease Date” of the instant table is not a dispute between the parties. However, as to the fact that the Plaintiff leased the building materials listed in the Nos. 1 through 5 of the instant table to the Defendant beyond the scope of recognition as above, the evidence submitted by the Plaintiff alone is insufficient to recognize it (No. 2 of the evidence indicated as well as the lease details of the Defendant as well as the lease details of D). As such, it is difficult to find out only a part of them as the grounds for supporting the Plaintiff’s assertion

(2) There is no evidence that there has been an explicit contract between the Plaintiff and the Defendant with respect to the rent for construction materials (unit price) leased by the Plaintiff to the Defendant.

However, it is reasonable to view that an implied contract was concluded between the parties to lease the construction materials with a rent ordinarily traded in the transaction world, unless the construction materials are leased free of charge.

Therefore, the above "ordinary rent" should be determined, and Gap.

유사 판례

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