(영문) 울산지방법원 2015.11.13 2015가단10263

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(영문) 울산지방법원 2015.11.13 2015가단10263

임대료

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1. The Defendant amounting to KRW 18,343,50 for the Plaintiff and KRW 5% per annum from September 5, 2015 to November 13, 2015.

Reasons

1. The Plaintiff asserted that the Plaintiff: (a) sold and leased construction materials to the Defendant from August 8, 2001 to January 14, 2002; (b) returned only a part of the materials; and (c) failed to return the remaining materials.

The rent, etc. for this is KRW 175,728,100 (i.e., rent of KRW 2,629,00 for the materials returned, KRW 173,09,100 from the date of lease to March 31, 2015), and KRW 179,231,100 for indemnity of the materials unpaid.

The defendant is obligated to pay to the plaintiff 178,631,00 won remaining after deducting the amount already paid from the above amount of KRW 600,000 and delay damages therefor.

2. Comprehensively taking account of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 3, the fact that the plaintiff exported and leased building materials to the defendant from August 8, 2001 to January 14, 2002, the defendant returned some of the building materials to the plaintiff around August 23, 2001 to February 19, 2002, the fact that the sum of the fees for the use of the returned materials was 2,629,000, the fact that the compensation for the materials that the defendant not returned to the plaintiff was 3,503,00,000 won, and that the plaintiff received 60,000 won from the defendant, respectively.

Meanwhile, the Plaintiff sought rent of KRW 173,09,100 for a rent for a period exceeding 13 years from the date of lease to March 31, 2015. However, after a considerable period of time, it appears that the Plaintiff could have terminated a contract for the lease of building materials after demanding the return of the materials to the Defendant, and then could not seek a refund of the materials after a considerable period of time that the Plaintiff could have been able to claim a refund of the materials. The reasonable period of time is one year from the date of the lease of the materials.

The calculation details are as follows, and the plaintiff's assertion seeking payment of excess amounts is without merit.

The annual rent (won) for the aggregate of the prices per day (won) per item and per size of items and per unit.

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