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(영문) 서울동부지방법원 2020.09.10 2018가합110446
손해배상(기)
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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 18, 2016, the Plaintiff entered into a construction machinery lease agreement (hereinafter “instant lease agreement”) with the Defendant (hereinafter “A”) with the following terms and conditions, and the Defendant, on February 16, 2016, installed a dormitory at the site of the Cwork pursuant to the instant lease agreement.

Article 1 (Name of Construction)

1. On-site name: C Corporation (Yincheon-gu D);

2. Lease of other workshops;

3. Article 2 (Basic Matters in Relation to Contracts) of the installation and decommissioning of liftss;

1. The term of a contract shall be six months from February 5, 2016 to August 4, 2016;

2. If it is necessary to extend the contract period due to the on-site conditions, the contract period may be extended to “B” on the same condition after written notice.

3. Contract amount: Value of supply of 40,000,000 won, value of value of value of value of value of value of value of value of value of value of value of value of value;

4. The details of a contract shall correspond to the detailed statement of a contract attached thereto;

Article 3 (Transfer of Equipment)

1. “B” must be installed at the construction site by not later than the lease commencement date designated by “A”.

2. The supplied goods shall be deemed to have been performed upon completion of the examination by the tallyman designated by “B”.

Article 4 (Settlement and Settlement of Rents)

1. Rent shall be paid in cash by the end of the following month, claiming the last day of each month;

2. Monthly rents shall be based on ten hours a day and 250 hours a month, and the rent for the year that falls short of the standard hours shall be paid in full;

3. If the period of use in the month in which equipment is input or the month in which steel is carried out is less than 30 days, it shall be calculated by day.

4. Daily user fees shall be settled as “monthly rent x 1/30”.

5. The minimum rental guarantee period shall be six months;

6. The calculation of rent shall be from the date the safety certification was passed to the date the use is finished after the installation of equipment.

8. The rent shall be claimed against the “A” as of the end of the month in which the “B” is used, and the “A” shall be settled in cash within 30 days from the date of the request.

Article 6 (Transportation, Installation, Cancellation, and Inspection)

1.Equipment.

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