(영문) 수원지방법원여주지원 2017.09.21 2016가단57019

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원여주지원 2017.09.21 2016가단57019

가설재임대료등

Text

1. The Defendant’s KRW 81,810,274 as well as 6% per annum from October 1, 2016 to December 15, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 2015, B entered into a lease agreement with the Plaintiff, which provides that the Plaintiff shall lease the temporary materials owned by the Plaintiff to B from September 1, 2015 to February 28, 2016, and the lessee shall pay KRW 60,640,000 as rent (hereinafter “instant contract”).

B. The Defendant jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff under the instant contract.

C. On March 7, 2016, the Plaintiff lent the temporary materials at the construction site of this case, but was not paid rent, and the Plaintiff sent to the Defendant a certificate of content that demanded the payment of the unpaid rent of KRW 38,002,296, out of the rent accrued as of the end of February 7, 2016.

Nevertheless, B and the Defendant did not return the temporary materials to the Plaintiff by September 30, 2016, and did not pay the rent incurred until this time.

Article 8 of the instant contract states that “The lessee shall compensate for the damage, etc. to the end room or the condition of repair which is not possible during the use of the leased object and the amount of such compensation shall be the amount determined by the lessor (in the absence of the agreement, the current market price).” Article 9 states that “The leased object shall be established by returning the leased object in accordance with the contract term that is terminated to the place designated by the lessor, and the final claim shall be filed by adding up the amount of the loss of the materials to the final claim rent in accordance with the date of return completion (the date of confirmation of the claim for

E. The sum of rents accrued as of September 30, 2016 when the temporary materials are returned is KRW 86,141,474 (value-added tax of KRW 80,368,538) (value-added tax of KRW 5,772,936 of the rent accrued during the contract period). KRW 3,533,00 with the cost of selling goods under Article 8 of the instant contract, KRW 889,200 with the cost of selling goods, KRW 16,746.

유사 판례

-수원지방법원안양지원 2014.06.12 2013가단23905

-수원지방법원 2018.12.21 2017나80011

-수원지방법원 여주지원 2018.11.22 2018가단1232

-대구고등법원 2018.09.05 2017나23760

-창원지방법원 2014.10.02 2013나32677