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(영문) 서울동부지방법원 2017.07.12 2016가단20320
임대료 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Claims as to the cause of claim;

A. The Plaintiff leased temporary materials to the Defendants, who are engaged in the wholesale, retail, and rental business with the trade name of D, as follows:

① On May 29, 2013, 1,889, 2.6. 6.1 June 1, 2013, 2013, 2,400 parts, 1,300 parts, pipes (4m) 700 parts, pipes (6m) 300 parts, and 700 parts of pipes (6m)

B. On August 27, 2014, the Defendants returned 1,629, connected pin 500, and 1,000 copies among the above temporary materials, but did not return the remaining temporary materials.

C. The rent to be received by the Plaintiff and the price for temporary materials which were not refunded to the Plaintiff are KRW 144,052,100 in total as follows:

(1) Lease basic rent of KRW 4,173,50 (Separate 1) ② 6,856,100 (Separate 2) for rent from May 29, 2013 to August 27, 2014 ③ 42,640,50 (Separate 3) for rent from August 28, 2014 to June 10, 2016.

D. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the sum of the rent of KRW 144,052,100 and the damages for delay.

2. Even based on all evidence submitted by the Plaintiff, it is insufficient to recognize that the Plaintiff leased temporary materials to the Defendants.

(The defendant asserts that the temporary materials have been kept at the plaintiff's request). The plaintiff's assertion based on the premise that the temporary materials have been leased is without a reason to further examine the rent.

3. All of the plaintiff's claims are dismissed.

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