(영문) 수원지방법원 2015.01.30 2014나26610

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(영문) 수원지방법원 2015.01.30 2014나26610

부당이득금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 4, 2012, the Plaintiff entered into a contract with the Defendant for the lease of Alstre (hereinafter “1stre”) and Blstre (hereinafter “2cree”) owned by the Plaintiff to the Defendant at the construction site of Gangseo-gu Seoul Metropolitan Government Gangseo-gu 67-1 Mero 14 Complex Construction Co., Ltd. (hereinafter “the instant lease contract”), and the main contents thereof are as follows.

Article 2 (Lease Period) (1): The lease period shall be 12 months from April 2012 to April 2013.

(2) Where the date of equipment input is delayed, the rent shall be calculated from May 10, 2012, regardless of whether the equipment input is made, and the date on which the use of the equipment is completed shall be until it is returned to the place designated by the plaintiff on the spot.

Article 3 (Rent and Payment Conditions): (1) Lease Amount: 2.7 million won per month (excluding value-added tax): The plaintiff shall claim the rent for the relevant month to the defendant by the end of each month, and the defendant shall be paid in cash within three months.

(3) Calculation standards for rents: The defendant shall calculate the date from the date on which the defendant actually starts lease to the site, and the claim shall be based on monthly use.

(4) The defendant shall pay the rent for equipment to the plaintiff regardless of the bankruptcy of the office of origin or the suspension of construction.

Article 10 (Return of Equipment) (1) The defendant shall return the equipment to the place designated by the plaintiff under the responsibility of the defendant, at the expiration date of lease.

B. The Plaintiff delivered KRW 1,20,000 to the Defendant pursuant to the instant lease agreement, and the Defendant continued to use KRW 1,20,000,000 for the Defendant, even after the expiration of the instant lease agreement, and on May 3, 2013, the Plaintiff notified the Defendant of the increase of the rent per 7,00,000 won for the Defendant to continue to use since the lease agreement under the instant lease agreement expired. However, the Defendant refused to comply therewith.

(c).

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