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(영문) 울산지방법원 2015.08.25 2015가단9591

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 122,246,33 and the interest rate of KRW 20% per annum from April 14, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is engaged in the business of leasing temporary materials with the trade name “B” in Ulsan-gu.

B. The Defendant entered into a contract with the Chang Name Co., Ltd. (hereinafter “original Name”) to re-subcontract reinforced concrete construction works (hereinafter “instant construction”) at KRW 1,577,00,000 for the cost of construction. On May 2014, the Plaintiff entered into a lease agreement with the Plaintiff on the lease of temporary materials to be used at the instant construction site to the Chang Name.

C. From June 2014, the Plaintiff leased temporary materials to the Chang-Name, and the Chang-Name did not pay the rent properly.

The plaintiff filed a petition to the Office of Education of Ulsan Metropolitan City, the competent authority, and attached a provisional attachment of the construction cost claim against the defendant in the name of Chang-gu.

On November 14, 2014, the Plaintiff received 30 million won from the Defendant’s obligation to pay for the rent for the title trust, and the Defendant drafted a payment guarantee that contains the following:

(hereinafter “instant payment guarantee agreement”). “The Defendant confirmed that the Plaintiff was not paid KRW 87,724,392 as of October 31, 2014 among the materials rent for the goods supplied to the name of the Plaintiff. The Defendant guarantees that on November 14, 2014, part of the money (30 million won) out of the above rent that the name of the original person should be paid is the payment method on behalf of the original name, and on the remainder of the construction cost that the construction work is to be paid under the name of the original name, the difference shall be 57,724,392 won and the rent (undetermined) accrued in November and December from December 31, 2014 to January 20, 2015”

E. The rent for temporary materials generated around November 2014, 12., and January 2015, which was after the completion of the payment guarantee form, is KRW 64,521,941 in total.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, 7, 8, Gap evidence 5-1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is in accordance with the payment guarantee agreement of this case.