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1. As to KRW 58,746,377 and KRW 20,816,478 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 16,164,527 from October 1, 2017.
Reasons
1. Facts of recognition;
A. On March 2, 2017, the Plaintiff entered into a temporary re-lease agreement with the Defendant (hereinafter “instant agreement”) and drafted a contract containing the following contents:
Article 1 (General Provisions) The plaintiff shall lease the temporary materials to the defendant, and the defendant shall rent them and pay the rent to the plaintiff.
Article 2 (Terms and Conditions of Contracts) (1) Since it is impossible to determine the quantity of rental materials due to a future flexible transaction at the time of the formation of a lease agreement, the details of rental materials continuously and continuously performed after the establishment of the lease agreement shall be clearly stated only the unit price for each material, and the details of the rental materials shall be settled after
Article 11 (Rents) (1) Rent shall be calculated by applying the rental rate attached thereto to the number of days of use, and the methods shall be as follows:
(2) The plaintiff shall claim the basic fee for the portion claimed for the first rent, including the basic fee, and the defendant shall faithfully pay the rent in accordance with the payment terms and conditions.
(3) The termination of a contract shall be established by the defendant's full return of leased materials to the designated place, and shall be claimed by summing up the rent and the destruction fee on the basis of the date of
Article 12 (Arrears of Delay) When the defendant delays the payment of the price within the agreed date for payment, the defendant shall calculate the amount of the delayed principal at the rate of 20% per annum, and pay the late payment charge to the plaintiff
Article 13 (Cancellation or Termination of Contract) (1) In any of the following cases, the defendant shall lose all the time limits for the plaintiff, and the plaintiff may terminate this contract voluntarily without the prior peremptory notice:
2. Where the defendant has delayed the payment of rent on at least two occasions without any justifiable ground, Article 14 (Expenses of Destruction) (1) Where rental materials have been lost or lost due to waste goods, etc., the defendant shall pay the charges for loss.