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(영문) 수원지방법원 여주지원 2018.09.12 2018가합175

임료

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 339,896,00 and interest thereon from February 15, 2018 to the date of full payment.

Reasons

Facts of recognition

The Plaintiff is a company that runs the business of leasing snow materials with the trade name of E in Leecheon-si, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that performs the F new construction work in Leecheon-si.

On January 4, 2015, the Plaintiff entered into a lease agreement for temporary materials necessary at the site of the said new construction works (hereinafter “instant lease agreement”) with Defendant B, and Defendant C jointly and severally guaranteed Defendant B’s obligation to the Plaintiff under the instant lease agreement.

Accordingly, from January 8, 2015 to September 30, 2015, the Plaintiff supplied temporary materials equivalent to KRW 544,923,280 (including value-added tax) to the said F new construction site.

From April 12, 2015 to July 28, 2015, the Plaintiff received a total of KRW 171,000,000 from Defendant B as the rent for temporary materials at the said F new construction site.

Meanwhile, from September 10, 2015 to December 11, 2015, the Plaintiff supplied the temporary materials equivalent to KRW 37,755,762 in total at the G new construction site in leisure city, which Defendant B performed. However, the Plaintiff received only KRW 23,24,562 out of the above rent from Defendant B.

On November 25, 2015, the Plaintiff agreed with Defendant B to pay the unpaid rent of the F-Newly constructed site at KRW 325,384,800.

[Ground for recognition] Defendant B: (a) according to the facts of the determination as to the grounds for the claim by publication (Article 208(3)2 and Article 150(3) of the Civil Procedure Act), Defendant C is obligated to pay to the Plaintiff the amount calculated at the annual rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 15, 2018 to the date following the date of delivery of the complaint of this case (the original copy of payment order). (b) Defendant B is obligated to pay to the Plaintiff the amount of KRW 339,896,00, total of unpaid rents of KRW 325,384,80, the unpaid rents of the new construction site of KRW 14,51,200 (i.e., the above KRW 37,75,762 - the unpaid rents of the new construction site of KRW 37,75,762).