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(영문) 수원지방법원평택지원 2015.11.13 2014가단42948
임료 청구의 소
Text

1. The Defendant’s KRW 20,340,00 for the Plaintiff and KRW 5% per annum from May 20, 2014 to November 13, 2015.

Reasons

1. Basic facts

A. On April 25, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the term of 35,200,000 won (including monthly rent of 3,080,000, installation expenses, safety inspection expenses, work expenses, etc.) for six months, total of 35,200,000 of rent at the construction site of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant rent”).

The main contents of the instant lease agreement are as follows.

Article 3 (Calculation of Rent) (1) The starting date of rent shall be from the date of installation of equipment to the date of decommissioning after completion inspection.

(4) On-site circumstances, the lessee shall pay rent to the lessor even if the equipment is not in operation.

(5) It shall be calculated by multiplying the amount calculated by dividing the rental period by 30 days at a time exceeding six months and less than one month by the number of days used.

Article 4 (Terms and Conditions of Payment) (1) The term of payment shall be requested at the end of each month, and the lessee shall pay in cash within 30 days.

Article 5 (Installation, Dismantling, Completion Inspection, (3) Installation, Dismantling, Extension, and Equipment A/S, etc. of Equipment shall be responsible and constructed by the lessor.

(iv)the completion inspection shall be filed by the lessor (including fees) and inspected.

Article 13 (Termination of Contracts) If the lessee fails to unilaterally pay rent and construction costs on the commitment date without separate notice and measures, the lessor may suspend the use of equipment after the notice of this Agreement and the FAX is given to the lessor and may terminate the contract even without delay.

B. The instant lease agreement term was six months from May 11, 2012 to November 10, 2012, which was the date of passing a safety inspection, and the instant lease agreement continued to be explicitly renewed.

On the other hand, the term of validity of the safety inspection for the instant cranes is six months.

C. By December 2012, the Defendant received a total of KRW 29,820,000 from the Plaintiff under the name of the instant rent, etc.

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