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(영문) 서울중앙지방법원 2019.12.12 2019가단5010098
임대료 등
Text

1. The Defendant’s KRW 48,179,017 as well as the Plaintiff’s KRW 15% per annum from December 12, 2018 to May 31, 2019.

Reasons

During the period from May 2018 to September 2018, the Plaintiff leased the temporary materials of KRW 48,219,769 in total to the Defendant’s tent and the construction site located in Seosan, and received KRW 10,00,00 among them, and the Defendant’s failure to return the temporary materials to the Plaintiff due to the destruction, etc. may be recognized by each entry in the evidence Nos. 1 through 16 (including the serial number).

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 48,179,017 won (=48,219,769 won - 10,000,000 won - 9,959,247 won) and to pay damages for delay calculated at the rate of 12% per annum under the main sentence of Article 3 (1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from December 12, 2018 to May 31, 2019, and Article 2 (2) of the Addenda of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 201); and

(A) The plaintiff's claim for damages for delay in excess of the above shall be rejected. Accordingly, the plaintiff's claim in this case shall be accepted within the extent of the above recognition.

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