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1. The Defendant shall pay to the Plaintiff KRW 52,54,90, and KRW 5% per annum from October 31, 2013 to June 12, 2014, and complete payment from the following day.
Reasons
1. Basic facts
A. On January 8, 2004, the Plaintiff entered into a contract with the Defendant engaging in construction business to lease temporary materials for construction (hereinafter “instant lease contract”) and continued to lease the temporary materials for construction to the Defendant until November 10, 2012. Under the instant lease contract, the Defendant agreed to return the leased goods to the Plaintiff when the contract term expires or the cause for early termination occurs, and the Defendant would not return the goods due to the loss or theft.
B. On December 17, 2012, the Defendant filed an application for rehabilitation on December 17, 2012, and on January 18, 2013, upon the commencement of rehabilitation procedures with respect to the Defendant, the construction work at the construction site operated around that time was completed or terminated.
(B) The rehabilitation plan approval order was issued on July 23, 2013, and the rehabilitation procedure for the defendant was completed on December 13, 2013.
Although the Plaintiff requested the Defendant to continue to return the leased object after the Defendant’s petition for rehabilitation, the Defendant did not return the leased object any more after returning the leased object by January 24, 2013.
On February 22, 2013, the Plaintiff reported the outstanding amount of rent 31,516,54, and the total sum of KRW 22,629,303, and KRW 95,772,199 as rehabilitation claims, from August 22, 2012 to December 2, 2012.
E. The Plaintiff issued a tax invoice for leased goods as at the end of each month until September 30, 2013, according to the Defendant’s failure to return the leased goods, and claimed rent for the leased goods, but failed to receive the rent and the leased goods. The value of the leased goods for which the Plaintiff was finally unable to return is KRW 52,554,90.
(Plaintiff claimed KRW 37,738,651 from January 1, 2013 to September 30, 2013, and withdrawn the said claim on May 12, 2014.