logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.07.23 2014가단123765
건설자재 임대료등
Text

1. The Defendant’s KRW 86,590,372 as well as the Plaintiff’s annual rate of 5% from March 12, 2014 to July 23, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells steel materials, sells construction machinery and appliances, leases, etc., and the Defendant is a company that runs soil construction business, reinforced concrete construction business, etc.

B. On May 15, 2013, the Plaintiff entered into a temporary re-lease agreement with the Defendant to lease temporary materials at a site A (hereinafter “instant construction site”) executed by the Defendant (hereinafter “instant lease agreement”). The key contents are as follows.

Article 1 Lease Goods and Period ① Lease Goods shall be SHET PLE, and the fixed quantity shall be based on the receipt signed and sealed by both the Plaintiff and the Defendant.

(2) Contract period: The calculation of rent under Article 2 and the extension of the period from May 16, 2013 to August 15, 2013.

(2) When the term of lease expires or is extended, the defendant shall notify the plaintiff in writing not later than seven days prior to the expiration of the contract, and when using the extended term, the period shall not exceed one month.

(3) In principle, a re-contract shall be renewed for an extended period of not less than one month, and even if it is inevitably extended without entering into a re-contract, the plaintiff's unit rent for the renewal shall be the additional rent

C. Meanwhile, the Defendant entered into a construction agreement with C, who operates B on August 2013, setting the construction period as KRW 400,000,000 on the construction contract amount, between August 16, 2013 and October 31, 2013, with respect to the construction of earth and sand and household facilities among the foregoing construction works.

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the instant lease agreement was concluded by the Plaintiff, even after August 15, 2013, the original contractual term of the lease agreement, was explicitly renewed due to the Defendant’s refusal to return the leased goods, and the leased goods were entirely returned on March 6, 2014.

arrow