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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination as to the cause of claim
A. In full view of the facts without dispute over recognition, Gap evidence 1-1, 2, 2-2-1, 2-3-1, 2-2, 3-1, 2, 5-8 and the purport of the whole pleadings, the following facts can be acknowledged:
① On July 28, 2014, the Plaintiff, which is operating a place of business of construction materials with the trade name “C”, leased and handed over construction materials to the Defendant by December 22, 2014, including that the Plaintiff leases and delivers to the Defendant six pumps (4012) a base fee of KRW 2,800 per unit, daily rental fee of KRW 100 per unit.
② Paragraph (2) of the “construction material lease agreement and storage note” prepared by the Plaintiff and the Defendant provides that “No goods can be used outside the contract place and shall be purchased and sold as security and at the time of damage or loss in the construction management process shall be compensated in accordance with the current market price after the settlement of rents.”
③ The Plaintiff received respectively payment of KRW 22,00,00 as advance payment from the Defendant on July 28, 2014, and KRW 1.3 million as of December 18, 2014.
In addition, on January 5, 2015, the Plaintiff was returned part of the construction materials leased by the Defendant, including 50 pipe (3m) from the Defendant as follows.
④ The above lease was terminated at present.
(5) The Plaintiff asserts that the aforementioned construction materials were leased until February 28, 2015, and the Defendant agreed to lease only ten days, but there is no dispute between the parties as to the termination of the said lease contract.
(The "number of days of use" in the following table shall, as the plaintiff may seek, be determined by subtracting the first day and the last day in the case of an article returned, and on the first day of February 28, 2015 in the case of an article not returned, and on the first day of February 28, 2015, only the number of days of lease and the number of specifications.