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(영문) 창원지방법원 2014.10.02 2013나32677
대여금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. On October 20, 201, the Plaintiff is a person engaged in the leasing business, etc. of temporary materials with the trade name of “B,” and entered into a lease contract with the Defendant for temporary materials (hereinafter “instant contract”). The main contents are as follows.

The lease period: From October 20, 201 to November 30, 2011, the basic monthly rent shall apply even when it is used for less than one month from November 30, 201.

In the absence of any special declaration in either case before the expiration of the lease term, the contract term shall be deemed automatically extended.

At least five tons of transportation cost (at least 90,000 won of rent): delivery - Plaintiff’s charge and return - Defendant’s charge (at least 900,000 won of rent): shipment - Defendant’s charge and return - damage of a lost or unrepairable condition among the use of leased goods with Defendant’s charge, etc. shall be reimbursed by the Defendant.

B. Under the instant contract, the Plaintiff leased temporary materials to the Defendant, as described in attached Form 1, between November 10, 201 and May 2012, 201.

(Value-added Tax). The Plaintiff issued a tax invoice equivalent to 60,563,300 won in total to the Defendant in relation to the above lease, and paid the value-added tax of 5,505,754 won.

C. In addition, the Plaintiff bears part of the transport cost agreed upon by the Defendant while leasing the temporary materials to the Defendant as stated in the attached Form 2. D.

The defendant did not return the above temporary materials leased from the plaintiff as stated in the column of the amount of compensation for the non-repaid materials in attached Form 3, and the value shall be as stated in the column of the amount of loss.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 5, 10, and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the defendant, pursuant to the contract of this case, total of 68,290,930 won = 56,798,00 of the rent for and transportation of the above temporary materials and the indemnity for non-payment of materials under the contract of this case.

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