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(영문) 서울중앙지방법원 2019.03.12 2018가단5007194
사용료
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 11,484,840 and the interest rate thereon from January 20, 2018 to the date of full payment.

Reasons

1. The base fact-finding Party A’s rent for the offset stone period under Article 2 (Rent and settlement date) 1 of the Defendant Company B shall be KRW 15,500,000 per month, regardless of the operation of the offset stone period (excluding value-added tax) in cash. (ii) The settlement date of the offset stone rent shall be the 25th day of each month.

Article 3 (Lease Period) (1) The period of lease for a crushed stone shall be from June 19, 2015 to July 30, 2016: Provided, That the period of installation shall be from July 20 of the same year to July 20 of the same year, and the period of lease shall be the starting date. Article 4(2) at the time of termination of the contract, B shall return the crushed stone to its original condition, but the repair cost and expendable expenses of the damaged portion shall be liable and repaid.

Article 5(1)B shall bear all failures, repairs and components costs during the period of use of the crushed stone period. 4) B shall be responsible for the loss of and damage to the crushed stone season during the rental period. (a)

On June 19, 2015, the Plaintiff and Defendant B Co., Ltd. (hereinafter, Defendant Co., Ltd) entered into a Offset period lease agreement with the following contents, and Defendant C jointly and severally guaranteed the obligation under the lease agreement of the Defendant Co., Ltd.:

B. On October 8, 2015, the Defendant Company: (a) was repaired on a monthly basis with a view to receiving a crushed stone, and completed installation on November 17, 2015; and (b) was used for trial operation on November 18, 2015; and (c) returned the same to the Plaintiff on August 2016 immediately after the expiration of the lease term.

C. The Defendant Company requested D Co., Ltd. to repair through the Plaintiff during the use of the crushing machine, and D Co., Ltd completed repair in the amount of KRW 42,95,000 (Additional Tax Map) negotiated with the estimated repair cost amount of KRW 42,95,00 (Additional Tax Map).

Of the above total repair cost of KRW 40,000,000, the Plaintiff and the Defendant Company calculated the repair cost of KRW 22,320,000, which was incurred by the Defendant Company’s liability, and KRW 24,200,000 in consideration of value-added tax was to be borne by the Defendant Company.

The Plaintiff paid to D Co., Ltd. up to the Defendant Company’s share.

[Ground of recognition] There is no dispute.

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