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(영문) 인천지방법원 2015.04.01 2014가단212079
임대료등
Text

1. The Defendant’s KRW 15,180,00 for the Plaintiff and KRW 5% per annum from February 14, 2014 to April 1, 2015.

Reasons

1. Basic facts

A. On July 30, 2013, the Plaintiff: (a) on the part of the Defendant, at the construction site of the building located in the Nam-gu Seoul Nam-gu Sports Site (hereinafter “instant construction site”); (b) on a monthly basis, leased (hereinafter “instant lease agreement”) one part of the Defendant’s rent of KRW 6,50,000 (excluding value-added tax) to the Defendant; and (c) the main contents of the instant lease agreement are as follows.

Article 1 (Lease Period and Place of Use): ① The period of lease from September 2013 to May 2014 (five months) ④ When the installation of equipment is delayed due to the on-site circumstances after concluding a contract, the Defendant shall bear the rent until the time of installation.

Article 2 (Calculation of Rent) The rent per month shall be from the first day of each month to the last day, and the daily user fee shall be 1/30 of the monthly user fee, and the daily user fee shall be calculated based on the following:

(1) The date of commencement of use of equipment shall be calculated as at the time of rent to the defendant, and the date of termination of rent of equipment shall be the date of termination after demolishing it.

(3) Where the installation of equipment is delayed for at least three days due to the defendant's circumstances after inserting equipment at the request of the defendant, usage fees shall be recognized as the operating days and imposed retroactively.

Article 4 (Establishment, Dismantling, and Completion Inspection) (1) The plaintiff and the defendant shall carry out the installation, dissolution, and transportation under this Agreement in good faith.

(2) The defendant shall complete basic works necessary for the installation of equipment and construction works for the electrical installation to the location of the equipment by no later than the date of installation.

(4) The plaintiff shall apply for completion inspection, and the defendant shall provide the documents upon application and under the supervision of the plaintiff at the time of inspection, and shall provide the defendant with the materials for safety managers at the site and the bid.

(5) The defendant shall install all safety facilities prior to completion inspections.

(7) Dismantling equipment installed in a new construction plan shall be dismantled.

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