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(영문) 대구지방법원서부지원 2015.02.04 2014가단22479
임대료등
Text

1. The Defendant’s KRW 1,464,786 as well as the Plaintiff’s annual rate of 5% from December 6, 2014 to February 4, 2015, and the following.

Reasons

1. The facts of recognition: (a) around September 13, 2013, the Plaintiff entered into a lease agreement on temporary materials with the Defendant (hereinafter “instant contract”); and (b) in the event that the grounds for loss or damage are issued with respect to the construction materials leased by the Defendant from the Plaintiff, the Defendant is obligated to pay the Plaintiff the cost of loss or repair stipulated in the said contract; and (c) in the event that the Plaintiff’s total rent for the construction and temporary materials leased from September 30, 2013 to November 30, 2014, the Plaintiff received KRW 12,958,480 from the Defendant out of the rent of KRW 13,872,26, and the Defendant received KRW 12,958,48,480 from the Defendant; and (d) the fact that the Defendant did not have any dispute between the parties, or that the entire purport of oral proceedings is recognized in full view of the following: (a) evidence No. 1 to No. 3-3 and the purport of oral proceedings.

2. The assertion and judgment

A. The Plaintiff’s assertion is: (a) the Defendant, who had not been paid the rent under the instant contract (i.e., KRW 13,872,266 - KRW 12,958,480); (b) the Defendant leased the leased materials to the Defendant, which had not been refunded, KRW 51,00,00 in total; and (c) the Defendant was voluntarily refunded, but the Defendant received a refund but used by the Defendant, but the difference in the cost of destruction or loss of the materials whose length is less than or damaged due to the change, cutting, movement of the materials, etc. (i.e., repair with a short length) and the difference in the repair cost (i.e., KRW 26,60,376 in total), KRW 28,065,162 in total; and (iv) the damages for delay from December 6, 2014 to the day of complete payment.

B. According to the above facts, the Defendant’s lease from the Plaintiff of the unpaid rent of KRW 913,786 under the instant contract and KRW 551,00,00, which can be viewed as the amount agreed upon under the said contract or the amount of damages due to the lessee’s impossibility of return under the said contract, and each of them is charged to the Plaintiff.

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