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(영문) 창원지방법원 마산지원 2017.04.19 2017가합32
임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 256,848,037 and the interest rate of KRW 25% per annum from January 18, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that aims at the sales and lease business of building materials, and the Defendant is a company that aims at the construction business and the construction business.

B. On October 14, 2015, the Plaintiff entered into a provisional construction agreement with the Defendant on the construction site (hereinafter “instant lease agreement”) with the effect that the Plaintiff wishes to lease various provisional construction works, such as water pumps, nives, and sprinks, etc., necessary for the former site (out the site of construction of the Mapo-si Sports Center at the outside of the construction site) located in the Changwon-si, Changwon-si, 721, Changwon-si, the Seoul Special Metropolitan City (hereinafter “the front site of the construction site of the Maposan Sports Center”), and determined that the lease period from October 14, 2015 to the completion of the payment of materials half the amount of the leased temporary materials, and the rent shall be paid at the end of the following month, respectively.

Article 10 (Rent)

1.The user fee shall be paid in accordance with the monthly contract agreed upon by the plaintiff and the defendant as at the time the leased article arrives at the site.

Provided, That where the payment of rent is delayed by the date of the settlement of the contract, the delay damages shall be paid at the rate of 25% per annum by the date of full payment.

2. The calculation of user fees shall be [unit price of lease x number of days of use (basic fees for the number of days of use)].

Provided, That the date of shipment shall be added to the date of storage.

When the defendant is unable to recover the plaintiff's ownership within five days after the use of the article is completed due to the loss, theft, etc. of Article 11 (Expenses of Destruction), the defendant shall pay in cash the price of loss stipulated in this contract to the plaintiff.

§ 15. (Contract Term) This Agreement shall be the lease term.

However, even if the term of this contract expires, but it is impossible to dismantle or remove leased articles due to the defendant's circumstances, the plaintiff and the defendant can be extended through prior consultation after confirming it by the plaintiff.

C. The instant lease agreement includes the following contractual provisions.

The monthly rent and the cost of loss of the year shall be 1,2015.

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