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(영문) 인천지방법원부천지원 2017.06.27 2016가단119153

임료 등 청구의 소

Text

1. The Defendant shall pay to the Plaintiff KRW 87,796,830 and the interest rate of KRW 15% per annum from December 17, 2016 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On February 17, 2016, the Defendant was awarded a contract for the construction of an officetel and a multi-family housing (hereinafter “instant construction”) with the Esypt Co., Ltd. (hereinafter “Esypt”).

(2) On February 20, 2016, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff on the condition that the Plaintiff’s construction materials shall be leased KRW 75,00 per square meter (excluding value-added tax) to the Defendant with a total area of KRW 30,00,00 (excluding value-added tax) for the rent of KRW 239,00,000 for the total area of KRW 3193 square meter (excluding value-added tax); in the case of transport expenses, the Plaintiff shall bear transport expenses for a vehicle of at least five tons, and the Defendant shall separately pay the consumption expenses to the Plaintiff (hereinafter “instant lease agreement”).

(3) The scope of the instant construction project includes the 4th to 14th floor above ground and the 5th floor above ground. The Defendant, among them, has carried out the construction project only for the 4th to 5th floor above ground, and the floor area where the construction project is carried out is a total of 5,980 square meters as indicated below.

층별 용도 면적(단위 : ㎡) 지하4층 기계실 / 전기실 319.63 766.43 주차장 446.80 지하3층 주차장 509.64 547.07 휀룸 37.43 지하2층 주차장 870.16 지하1층 통신실 15.78 870.16 주차장 854.38 지상1층 계단실 / 관리실 78.48 669.88 주차장 591.40 지상2층 오피스텔 632.07 지상3층 공동주택(원룸형) 541.57 지상4층 공동주택(원룸형) 541.57 지상5층 공동주택(원룸형) 541.57 면적 합계 5,980.48 (4) 피고는 원고에게 건설자재 임료로서 2016. 7. 27.부터 2016. 9. 12.까지 합계 7,700만 원을 지급하였다.

(5) As to the instant construction project, the Defendant’s unpaid expendable materials cost of KRW 5,05,380, the unpaid transport cost of KRW 3,938,00, and the unpaid lost materials claim amount of KRW 6,292,00.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 12 (including additional numbers), Eul evidence No. 1, and arguments.