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(영문) 대전지방법원 2017.11.22 2016가단207055

가설재임대료등

Text

1. The Defendant’s KRW 50,077,40 and the Plaintiff’s annual rate of KRW 6% from April 19, 2016 to November 22, 2017, and the following.

Reasons

1. Presumed facts

A. The Plaintiff is a corporation that manufactures, leases, or sells temporary materials for building, and the Defendant is a corporation that runs a construction business.

On October 16, 2014, the Plaintiff entered into a temporary re-lease agreement (hereinafter “instant agreement”) with the Defendant and the Defendant for the lease of temporary materials at the construction site of his/her Handong-dong, Seoul Special Metropolitan City (hereinafter “instant contract”) by setting the rental fee of KRW 213,90,000,00, and by the lease period of December 31, 2015.

B. On November 12, 2015, the Plaintiff and the Defendant drafted a settlement agreement with the content that the above rent is KRW 206,090,000. The settlement agreement states that “A (Defendant) and B (Plaintiff) agree to the settlement agreement with the payment of KRW 206,00,000,000 for the daily contract amount (206,090,000) and that there is no civil or criminal liability later (Provided, That the amount incurred after December 31, 201).”

C. According to the instant contract, where the Plaintiff delivers the temporary materials to the Defendant, the delivery certificate shall be issued, and the Defendant shall deliver the receipt certificate to the Plaintiff, and where the temporary materials are returned, the Plaintiff shall deliver the receipt to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. We examine the determination of the cause of the claim. Since it is reasonable to deem that the temporary materials not returned from the defendant among the temporary materials leased by the plaintiff to the defendant were destroyed, the defendant has the obligation to compensate the plaintiff for its value.

Comprehensively taking account of the respective descriptions of evidence Nos. 3, 5, and 6 and the purport of the entire pleadings, the Plaintiff prepared a delivery slip (including the evidence No. 5 and the number of branches; hereinafter the same shall apply) when leasing temporary materials to the Defendant and obtained the confirmation signature of the Defendant’s person responsible for the management of the Defendant. When returning the leased temporary materials to the Plaintiff, the Defendant prepared the acceptance certificate (Evidence No. 6) and obtained the confirmation signature of the Plaintiff’s person responsible for the management of the pleadings

According to the above supply list, the amount of temporary materials leased by the plaintiff is as shown in attached Form 1.