(영문) 서울중앙지방법원 2018.05.25 2017가합516563

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(영문) 서울중앙지방법원 2018.05.25 2017가합516563

손해배상(기)

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1. The Defendant (Counterclaim Plaintiff) paid KRW 88,665,800 to the Plaintiff (Counterclaim Defendant) and its amount from March 4, 2016 to May 25, 2018.

Reasons

1. Basic facts

A. On July 2015, the Plaintiff entered into a contract for the lease of equipment (hereinafter “instant lease contract”) with the Defendant, a company for the purpose of leasing construction materials, etc., for the purpose of which the Plaintiff entered into a contract for the lease of equipment with the Defendant, equipment name, model and type SN630, registration number C, boom boom (hereinafter “BOM,”) length of 60m, size 32 tons (hereinafter “Luffing Type”), and for the lease of equipment from July 2015 to May 2016 (on the end of the site) (hereinafter “instant lease contract”).

B. The provisions relating to this case in the lease contract of this case are as follows.

Article IIConditions for Payment of Equipment Lease Schedule

2. The base date for the calculation of the initial rent shall be from the date the equipment is input to the site and passed a regular inspection by a national officially recognized organization;

3. Where the monthly calculation period is less than one month, the rent shall be 30 days divided by the 30th day of use.

Article 5 Safety Management

1. The responsibility of “B” shall be for all accidents caused by reasons attributable to “B” (referring to the Plaintiff; hereinafter the same shall apply) during the operation of equipment.

2. "B" shall conduct its own safety education during the term of the contract, and shall be the responsibility of "B" for all accidents that occur due to the failure of the steering officer to provide safety education.

Article 6 Use and Keeping and Maintenance of Equipment

1. “B” shall, in using and keeping equipment, fulfill its duty of care as a good manager, and shall always maintain and keep the equipment in such a state that it can maintain its normal operating condition or full functions;

4. “B” shall not, without obtaining the written consent of “A” (the meaning of the Defendant; hereinafter the same shall apply) and without obtaining the equipment’s consent, cover or remodel the equipment, and “B” shall not remove or impair the ownership mark of “A” attached to the equipment.

7.The main body of the equipment due to an accident not attributable to “B”.

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