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(영문) 수원지방법원 2016.07.21 2015가단130591

임료

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 1, 2013, the Plaintiff entered into a provisional construction site lease agreement (hereinafter “instant lease agreement”) with B Co., Ltd. (hereinafter “B”) with the following terms, and Defendant D jointly and severally guaranteed the obligation to rent B under the instant lease agreement:

20,000 won for delivery of more than 11 ton of vehicles below shall be borne by B when the plaintiff enters the warehouse and shipped out of less than 11 ton of vehicles:

If there is no declaration of intention to return no later than seven days before the expiration of the lease term, this contract shall be deemed automatically renewed under the same conditions, and B shall notify the plaintiff without delay of the scheduled date of return.

With respect to the payment of reduction and rent, it shall be requested at the end of the first month and shall be paid in cash on the last day of the following month.

The rent shall be paid in accordance with the transaction statement and tax invoice generated each month as of the date of arrival of the construction site, and where the payment exceeds the date, the overdue charge shall be paid at the rate of 20% per annum from the excess to the full payment

B. From June 1, 2013 to September 30, 2014, the Plaintiff leased temporary materials to B at the G apartment site in Suwon-gun, Hongsung-gun (hereinafter referred to as “red red field”) from June 1, 2013, to December 31, 2013 (hereinafter referred to as “fireing site”), from June 2013 to December 31, 2013, and from January 2014 to September 30, 2014, the Plaintiff leased temporary materials to the G apartment site in Suwon-gu, Suwon-si (hereinafter referred to as “water field”).

C. On February 6, 2015, B sent to the Plaintiff a written agreement on payment that “The unpaid temporary site rent was paid in KRW 107,072,547, and would be paid after the settlement of accounts at the G site in February 2015.”

B The sales details of 2014 on the spot of red and water sources on the unpaid statement attached to the above content certification (Evidence A5 No. 2 at the bottom and the third part) are the relevant part of the transaction statement submitted by the Plaintiff (Evidence A3-3 and 4) and the Plaintiff.