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(영문) 수원지방법원여주지원 2017.05.31 2016가합812

가설자재임대료

Text

1. The defendant shall pay to the plaintiff KRW 420,332,479 and KRW 300,332,479 from April 6, 2017 to the day of full payment.

Reasons

1. The plaintiff is a company that leases construction materials, etc., and the defendant is a company that leases construction materials.

The plaintiff is Pyeongtaek-si integrated headquarters for Pyeongtaek-si in the galone-si business, the Seo-gu Incheon environmental industry demonstration research complex, Suwon-si, and the Gyeonggi-gu Cheongyeong-si 74-1 large blue-si in the Gyeonggi-si.

As to each construction site, such as the construction of a gold white tank in Sari-si, Kimpo-si, and the construction site for the new construction of a new e-Sari-Sari-e-Sapo-Eup in Gwangju-si, the defendant and the defendant entered into a lease agreement with each construction site from July 1, 2014 to the completion date of each construction project.

The Plaintiff leased the temporary materials to the Defendant under the above lease agreement, and was not yet paid KRW 420,332,479 out of the rent under the above lease agreement by the Defendant.

Therefore, the Defendant is obliged to pay the Plaintiff the unpaid rent of KRW 420,332,479 and the delay damages therefor.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff dismissing a part of the claim is seeking damages for delay calculated at the rate of 15% per annum from the day following the day of delivery of the complaint of this case to the extended amount of the claim by expanding the purport of the claim of this case and by expanding the claim by the application for modification of the cause of the claim.

However, if the plaintiff expands the purport of the claim, it can be applied to the extended amount of claim by applying the interest rate prescribed in the above law from the day following the day when the document expanding the purport of the claim was served on the defendant.

Therefore, from April 6, 2017, the day following the delivery date of the complaint of this case concerning 120,000,000 won expanded, the part seeking damages for delay exceeding the rate of 6% per annum as stipulated in the Commercial Act from April 8, 2017, which is the day of service of the written application for modification of the claim of this case and the cause of the claim of this case, is without merit. Thus, it is dismissed.