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(영문) 수원지방법원성남지원 2016.11.04 2015가단19352

건설가설재임대료

Text

1. Defendant B shall pay to the Plaintiff KRW 77,90,000 and the interest rate of KRW 15% per annum from September 9, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Dyang Construction Co., Ltd. (hereinafter “Tyang Construction”), with the content that the temporary materials to be used for the business of constructing a hotel located in Nam-gu Incheon Metropolitan City (hereinafter “instant construction”) shall be set as the lease period from June 18, 2014 to March 18, 2015, and the rent of KRW 185,00,000 (value-added tax separate) for lease (hereinafter “instant lease agreement”). Defendant B jointly and severally guaranteed the obligation under the instant lease agreement of Samyang Construction.

B. After that, the Plaintiff was unable to receive only KRW 185,00,000 for rent of KRW 12,00,000 for the instant lease agreement, and KRW 206,000 for the unpaid rent of the installed materials leased at another construction site for the instant construction site, and KRW 200,000 for the unpaid rent of the installed materials leased at the instant construction site, and KRW 206,60,000 for the value-added tax totaling KRW 20,60,000 for KRW 226,60,000 for the remainder of KRW 77,90,000 for the unpaid rent (hereinafter “paid rent”). On April 17, 2015, the Plaintiff was prepared a confirmation document with the purport that the Defendant would pay the unpaid rent to the Plaintiff from the Defendant B in lieu of the unpaid rent (hereinafter “instant confirmation document”).

(A) The confirmation of this case states that Defendant B would pay KRW 90,000,000 to the Plaintiff as the rent for the non-paid temporary materials. However, the rent for the non-paid temporary materials is KRW 77,90,000,000, and as above, it is due to the mistake in the calculation between the Plaintiff and Defendant B.) / [this ground for recognition] / [In the absence of dispute, there is no evidence No. 2, evidence No. 4, evidence No. 5 (including each number), witness evidence No. 4, and evidence No. 5 (including each number), the witness witness witness witness testimony, the purport of the whole pleadings.

2. The plaintiff's assertion

A. Defendant B not only jointly and severally guaranteed the obligation under the instant lease agreement of Samyang Construction, but also prepared and executed the instant confirmation document to the Plaintiff, and the unpaid rent 77,900.