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(영문) 울산지방법원 2018.10.24 2017가합1154
사용료 등
Text

1. The Defendant: (a) KRW 291,129,283 to the Plaintiff; and (b) KRW 5% per annum from August 29, 2017 to October 24, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On April 20, 2016, the Defendant entered into a subcontract with respect to reinforced concrete construction works (hereinafter “Fdong construction works”) among the construction works for the new construction of Magwon, Changwon, Changwon-gu D, 201, for the construction period from May 1, 2016 to May 31, 2017. On May 16, 2016, the Defendant entered into a subcontract with respect to reinforced concrete construction works among the construction works for the new construction of Hagwon-won, Changwon-gu, Hagwon-won (hereinafter “Jdong construction works”) for the construction period from May 16, 2016 to October 31, 2017.

B. On June 14, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease temporary materials owned by the Plaintiff at the above construction site (hereinafter “instant lease agreement”). The main contents of the lease agreement made at the time are as follows.

Fdong Construction Site

3. Construction name: Fdong construction site;

4. Terms and conditions and products;

(a) Lease period: From June 21, 2016 to September 30, 2016;

(b) Materials delivery place: The same field address; and

(c) Lease products: Rop, internal pipe, pipeline, trawner, O/C poppy, man-made poppy, projectile (excluding multi-poper), tamper, container board, and container board (excluding where other materials are inputs other than leased products);

5. Lease amount: Japanese,cheon-gu, 100 million won (in case of 69,336,00, 5AT).

(a) Conditions for approval: Cash decision made at the end of the following month (three installments);

6. Other matters.

A. The transportation cost: the plaintiff and the defendant bear the transportation charge, and the defendant bear the transportation charge at the time of ordering the materials of not more than fivet cargo trains.

(i) Destruction of materials: The defendant shall pay the actual cost for the materials damaged or destroyed after use to the plaintiff in accordance with the loss cost list.

(j) Extension of the lease period: The defendant shall return the whole rental materials at the time of completion of the lease period except for the suspension of construction due to a natural disaster, and shall pay daily rent to the plaintiff when it is inevitable to extend the lease period, and the daily rent shall correspond to the unit price table of the general household.

Jdong Construction Site.

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