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(영문) 수원지방법원 2016.02.04 2015가단64595

사용료

Text

1. The Defendant shall pay to the Plaintiff KRW 47,50,000 and the interest rate of KRW 15% per annum from November 17, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of the claim Gap's evidence No. 1 (a lease contract, the stamp image after the defendant's name is affixed with the seal of the defendant, and thus, the authenticity of the entire document is presumed presumed to have been established. The defendant issued a signature to the non-party B by affixing the defendant's corporate seal on the lease contract in public space. However, although it is alleged that part of the document was voluntarily supplemented with the contents of the contract in public space, it belongs to the case where the document was delivered to the non-party B, and it is proved by the title holder that there was a disturbance at the time of delivery of the document and it was supplemented later. The evidence submitted by the defendant alone is insufficient to acknowledge it and there is no other evidence to acknowledge it. Accordingly, taking full account of the whole purport of the argument, the plaintiff concluded a lease contract with the defendant on July 15, 2015 with respect to the construction of reinforced concrete among the construction of the welfare hall in public space and received a rent of KRW 60 million,000,000 from the defendant.

Therefore, according to the instant lease agreement, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 47.5 million (=60 million - 12.5 million) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 17, 2015 to the date of full payment, as claimed by the Plaintiff.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.