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(영문) 서울동부지방법원 2016.04.07 2015가단47236

자재대금

Text

1. The Defendant shall pay to the Plaintiff KRW 129,807,353 and the interest rate of KRW 15% per annum from December 18, 2015 to the date of full payment.

Reasons

As the cause of the instant claim, the Plaintiff entered into a temporary re-lease agreement with the Defendant on October 20, 2014 with regard to the site of the construction of the Southern Cridge, and transferred the temporary materials to the said site on at least 38 occasions from October 20 to May 7, 2015. The rent from September 24, 2015 is the sum of KRW 191,686,843, and the rent from September 24, 2015 was the sum of KRW 43,708,390, and the Defendant was notified that the temporary materials not returned cannot be returned to the Defendant due to damage, destruction, or unauthorized removal. Meanwhile, the Plaintiff is deemed as the confession of the Defendant pursuant to Article 257(1) of the Civil Procedure Act. Meanwhile, the Plaintiff is the person who received KRW 105,587,80, out of the above rent.

Therefore, the defendant is obligated to pay to the plaintiff the remaining rent of 86,098,963 won (=191,686,843 won-105,587,880 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 18, 2015 to the day of full payment, as the plaintiff seeks after the lease term expires, 129,8,807,353 won, which is the sum of the temporary materials value of 43,708,390 won, which is the sum of the temporary materials value of 43,708,390 won, and its refund is impossible. Accordingly, the defendant is obligated to pay to the plaintiff damages for delay at the rate of 15% per annum from December 18