(영문) 수원지방법원여주지원 2020.12.24 2020가단1259

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(영문) 수원지방법원여주지원 2020.12.24 2020가단1259

중기임대료

Text

1. The defendant's KRW 18,00,000 and its amount shall be 5% per annum from April 9, 2020 to December 24, 2020 to the plaintiff.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff leased equipment to the Defendant from September 11, 2018 to March 11, 2019, and 35,090,000 won arose from the rent. As such, the Defendant is obligated to pay to the Plaintiff KRW 33,050,000, excluding KRW 2,040,000, which was agreed to be paid from Nonparty D from the above rent of KRW 35,090,000, and damages for delay, such as the written purport of the claim against the Plaintiff.

B. Defendant’s assertion that the other party who entered into a lease agreement for heavy equipment between the Plaintiff and the Plaintiff is not the Defendant, and that the rent for heavy equipment is exaggerated, and that the amount of 18,000,000 won can be recognized as the price for the use of universal heavy equipment.

2. Determination as to the cause of action

A. On October 1, 2018, the Plaintiff and the Defendant concluded a contract with the purport that the Plaintiff shall rent out heavy equipment, such as scambling season and scambling, etc., to the construction site of the electric source developed by the Defendant, and the Defendant shall pay rent in proportion to the rate of KRW 8,500,000 per month. The Plaintiff, at the construction site of the Defendant, has been engaged in the work of leasing heavy equipment from October 1, 2018 to March 11, 2019, and the fact that the rent for the lease was equivalent to KRW 18,00,000, as the rent for the lease, may be acknowledged by comprehensively taking into account the respective entries in subparagraphs A and 7, parts of subparagraphs A and 2 through 6, and the testimony and arguments of witnesses E.

According to the above facts, the defendant is obligated to pay to the plaintiff 18,00,000 won for rent of 18,000 and damages for delay calculated by 12% per annum under the Civil Act from April 9, 2020 following the delivery day of a copy of the complaint of this case sought by the plaintiff after the due date until December 24, 2020, which is deemed reasonable for the defendant to dispute the existence or scope of the obligation to perform.

B. Furthermore, the plaintiff.

참조조문

-민법

-소송촉진 등에 관한 특례법

유사 판례

-대구지방법원 2018.02.06 2017가단135089

-수원지방법원여주지원 2019.04.11 2019가단380

-서울중앙지방법원 2015.04.17 2014가합548446

-청주지방법원 2019.01.11 2018나1408

-의정부지방법원 2015.10.23 2015나8439