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(영문) 광주지방법원 2014.11.26 2014가단503146
대여금
Text

1. The Defendant’s KRW 22,522,279 as well as the Plaintiff’s annual rate of 5% from January 9, 2014 to November 26, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a business leasing building materials under the trade name “C” in Gwangju Mine-gu, and the Defendant awarded a subcontract for reinforced concrete construction works among D new construction works ordered by Young-gun.

B. Around April 10, 2013, the Plaintiff and the Defendant leased the temporary equipment to be used at D new construction sites from the Plaintiff, and the rent was calculated based on the basic and daily rent determined by item and the number of days of use, and entered into a lease agreement with the Plaintiff to pay the cost of loss determined by item, if the material is not repaired in its original form or it is impossible to recover possession within five days after the lease due to loss, theft, etc.

(hereinafter “instant lease agreement”). C.

The Plaintiff from April 10, 2013 to the same year in accordance with the instant lease agreement.

6. Until September 19, 196, a total of 43 items of temporary equipment was leased to the Defendant, and the same year.

7. Although the above leased temporary equipment was recovered from around November 17 to November 16 of the same year, some of the temporary equipment was destroyed and thus not recovered, and the rent and the details of the loss incurred therefrom calculated according to the method stipulated in the instant lease agreement are as indicated in the attached lease specifications.

In May 2013, the Plaintiff received rent KRW 4,69,500, and KRW 9,99,500 around June 2013, and KRW 11,400,00 directly from Taesung General Construction Co., Ltd. with the Defendant’s consent around August 1, 2013.

E. Meanwhile, the instant lease agreement provides that where the weight of the leased object is at least 11 ton with respect to the cost of transportation of temporary equipment and materials, the Plaintiff shall bear only transport charges to the construction site, and the transport charges shall be borne by the Defendant when the weight of the leased object is less than 11 ton or when the leased object is returned (Article 8 of the General Conditions), and the transport charges shall be borne by the Defendant at around May 17, 2013

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