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(영문) 서울서부지방법원 2018.04.19 2017가단213435
건설기계 임대료 청구의 소

1. The Defendant paid KRW 51,432,655 to the Plaintiff KRW 6% per annum from April 2, 2017 to April 19, 2018.


1. Basic facts

A. On November 29, 2016, the Plaintiff, who runs a construction machinery rental business, concluded a construction machinery rental agreement with the Defendant who runs the construction business as follows:

(hereinafter “instant lease agreement”. The indication of the subject matter: Construction Machinery (a construction machinery DoHJ-40, hereinafter “instant machinery”)

(2) On-site: The amount to be used until December 31, 2016: 40,000 won (excluding value-added tax), the amount to be settled after consultation at the time exceeding the contract period (if the contract period exceeds 20 days, the full amount of monthly rent without settlement), the conditions for transit and food supply (type 2): On-site burden (limited to the finishing material): If the lease period exceeds one month, the amount to be included in the standard construction machinery lease contract terms (related terms) within 60 days from the end of each month; the rental fee shall be included in the amount to be paid by the operator of construction machinery; the lessor’s operator shall be in accordance with the direction and supervision of the on-site manager of the lessee. (b) The Plaintiff put the instant machinery and construction machinery pilot to the construction site in accordance with the instant lease agreement and carried out construction machinery maintenance work (hereinafter “the instant construction machinery operator”).

In the process, the existence of strong rocks within the ceiling work sector was at issue, and it was conducted on January 15, 2017 in excess of the initial time limit stipulated in the instant lease agreement. [The facts that there is no dispute over recognition, Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination:

A. The Plaintiff asserted by the parties: (a) the Defendant leased the instant machinery from November 29, 2016 to January 15, 2017; (b) total of KRW 80,870,380 ( KRW 44,00,000,000 for the materials and transport cost of KRW 7,975,000 for December of the rent; and (c) KRW 25,548,380 for the materials and transport cost of KRW 25,548,380 for the compact circuiting materials cost of KRW 3,025,00 for the materials cost of KRW 330,00 for two materials and transport cost).