logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.11.30 2016나6475
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs transportation business with the trade name of D, and the Defendant is a corporation that is engaged in the construction business subcontracted with the construction business for the main equipment of 1,2 nuclear power plants located in Gyeongjin-gun, Ulsan-gun.

B. On April 19, 2013, the Plaintiff and the Defendant concluded a equipment lease agreement (hereinafter “instant lease agreement”) with the Plaintiff to lease the Plaintiff’s bitr equipment (hereinafter “instant equipment”) for the Defendant’s construction work.

The main contents of the instant lease agreement are as follows.

Teiler 25Ton 17,500,000 won (VAT Map) Flat Bed 12M 2

1. Indication of equipment and rents;

2. Period of use: The place of use from April 19, 2013 to April 30, 2014: The site of new nuclear energy 1, 2013 to April 3, 2014; 10. The renewal of the contract: When wishing to extend the term of the contract, “the Defendant” shall conclude a re-contract under the agreement by 10 days before the expiration of the term of the contract, and the extension of the term of the contract without preparing the re-contract shall be replaced by this contract.

C. On September 2013, the Plaintiff agreed to add two Flat Beds to B at the request of the Defendant at the end of the end of the month, and to increase the monthly rent at KRW 9 million with the Defendant.

The Defendant continued to use the instant equipment even after April 30, 2014, and notified the Plaintiff of December 20, 2014 that the instant lease agreement was terminated as of December 31, 2014. Since December 31, 2014, the Defendant did not use the instant equipment.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, Eul witness B's testimony and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant agreed to extend the lease contract of this case according to Daom, and the term of lease was extended by April 30, 2015. The Defendant said that the term of lease was extended by Daom.

arrow