logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.17 2017나53295
수리비 및 임대료
Text

1. Of the judgment of the court of first instance, KRW 720,00 against the Plaintiff regarding the Defendant and its related amount, from November 1, 2016 to August 17, 2018.

Reasons

1. Basic facts

A. On April 11, 2015, the Plaintiff entered into a contract with the Defendant to lease KRW 180,000 per month for a period from April 11, 2015 to April 3, 2015, the Plaintiff agreed to separately negotiate with the Defendant when extending the lease period after the expiration of the lease period, and the rent for one month shall accrue even after one month is extended, if the container is damaged, the repair cost shall accrue, and if the container is stolen, the lessee shall pay 3.5 million won of the container to the lessor.

(hereinafter referred to as “instant lease contract”). (b)

On April 11, 2015, the Plaintiff, at the Defendant’s request, installed a container at the new site of Goyang-gu C Multi-household Housing (hereinafter “instant container”) and received KRW 750,000 in total from the Defendant for three-month rent of KRW 540,000 and round-up transport cost of KRW 210,000.

C. The Defendant extended the lease period stipulated in the instant lease agreement and finally used the instant container by October 29, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above basic facts, the Defendant is obligated to pay to the Plaintiff the rent of KRW 720,00 (180,000 x 4 months) due to the extension of container lease (3 months from July 11, 2015 to October 29, 2015, the following day of the lease term of the instant lease contract, and as the Plaintiff seeks, the dispute over the existence or scope of the Defendant’s obligation from November 1, 2016 to August 17, 2018, which is the date of delivery of a duplicate of the complaint of this case, is deemed reasonable. The Defendant is obligated to pay to the Plaintiff the annual rent of KRW 720,00 (180,000 x 4 months) due to the extension of container lease at the rate of 5% per annum as prescribed by the Civil Act, and the damages for delay calculated by 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

(b) repair costs;

arrow