logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.09.18 2013가합12096
가설자재임대료
Text

1. The Defendant’s KRW 16,340,00 for the Plaintiff and 6% per annum from December 17, 2013 to September 18, 2014.

Reasons

Basic Facts

The plaintiff is a person who is engaged in the business of leasing construction materials in the name of "D," and the defendant is a person who engages in general construction business, etc. in the name of "F," in the Gyeonggi-do Government City E.

On June 27, 2012, the Plaintiff entered into a contract for the lease of temporary materials (hereinafter “instant lease contract”) with the Defendant, setting the lease amount of KRW 37,260,000,00.

In the instant lease agreement, there was a provision stating that “one-month settlement shall be made at the time of use for less than one month, and one-day unit price shall be additionally applied at the time of use exceeding the contract term.”

Under the instant lease agreement, the Plaintiff leased temporary materials to G at both weeks, a construction site of the Defendant, and the Defendant paid only KRW 20,920,000 out of the above lease amount, and did not pay the remainder of KRW 16,340,000.

By March 5, 2013, the Defendant returned part of the temporary materials subject to the instant lease agreement to the Plaintiff, but the remainder is not returned to the Plaintiff until now.

[Ground] The Plaintiff’s assertion that the Plaintiff and the Defendant concluded the instant lease agreement and concluded the lease agreement between June 27, 2012 and September 27, 2012, and paid the unit price per day when using the temporary materials in excess of the said lease period. The Defendant did not pay KRW 16,340,00 among the rental fees for the temporary materials during the said contract period.

In addition, the defendant did not return the plaintiff's temporary materials even after September 27, 2012, which was the expiration date of the contract rental period, after the expiration of September 27, 2012.

Therefore, the Defendant’s aforementioned KRW 16,340,00 and the returned temporary materials are imposed on KRW 14,960,220, which was calculated at a unit price per day from September 28, 2012 to March 5, 2013.

arrow