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(영문) 서울중앙지방법원 2016.03.25 2015나45849
건설자재 임대료등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 86,590,372 as well as to the plaintiff on March 12, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells steel materials, sells construction machinery and appliances, leases, etc., and the Defendant is a company that runs soil construction business, reinforced concrete construction business, etc.

B. On May 15, 2013, the Plaintiff entered into a temporary re-lease agreement with the Defendant to lease temporary materials at a site A performed by the Defendant (hereinafter “instant lease agreement”). The key contents are as follows.

Article 1 Lease Goods and Period ① Lease Goods shall be SHET PLE, and the fixed quantity shall be based on the receipt signed and sealed by both the Plaintiff and the Defendant.

(2) Period of contract: Calculation of rent and extension of the period under Article 2 for three months (from May 16, 2013 to August 15, 2013) (1) shall be the one-time use, and 115,000 won/TN (excluding transportation expenses) as of 90 days.

(2) When the term of lease expires or is extended, the defendant shall notify the plaintiff in writing not later than seven days prior to the expiration of the contract, and when using the extended term, the period shall not exceed one month.

(3) In principle, a re-contract shall be renewed for an extended period of not less than one month, and even if it is inevitably extended without entering into a re-contract, the following unit rent for the plaintiff, which is equivalent to the conclusion of

(5) When a rent is refunded due to the early payment of the rent, the unit price under the above-mentioned unit price table shall be deducted.

(ex: 230,000 won at the time of the payment of the rent for the early return of the rent at the time of the contract for one month. (6) The rent for the early return of the rent shall not be refunded at the time of the contract for one month.

Article 5 Delivery and Return ① When the Defendant pays the transport cost to the Plaintiff, the delivery and return of leased goods shall be the difference between the A and the A site designated by the Defendant.

(On the other hand, in principle, the return of leased goods is conducted by the defendant at the time of return at the party factory of the defendant, but when the defendant does not attend within five days from the inevitable time.

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