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(영문) 청주지방법원충주지원 2020.07.23 2019가단25212

가설재임대료

Text

1. The Defendant’s KRW 61,347,739 as well as 6% per annum from September 11, 2016 to February 6, 2020 to the Plaintiff.

Reasons

1. The plaintiff is running the business of leasing temporary materials, and the defendant runs the wholesale business of building materials in the trade name of "D."

The Plaintiff and the Defendant entered into a temporary re-lease agreement around November 2014, and thereafter the Plaintiff leased the temporary property, such as the uniforms, to the Defendant from that time, and the Defendant, around September 2015, on the rent for the temporary property unpaid to the Plaintiff:

9. 11 Payment. 2:

9. Payment by 25th day: 20 days after the end of each month; 20 days after the end of each month; 3rd day of all claims shall be acquired by transfer to the Dispute Resolution Co., Ltd., if it is known that unpaid amounts, amounts, etc.,

It is recognized that the fact that the unpaid temporary rent was 61,347,739, as of September 10, 2016, and that the unpaid temporary rent was 61,347,739.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid temporary rent of KRW 61,347,739 and the delay damages therefor.

[Grounds for recognition] Unsatisfy, Gap 1-9, and the purport of the whole pleadings.

2. The defendant's assertion argues that since the defendant transferred his claim in accordance with the above commitment, the plaintiff must directly claim E or F, and the plaintiff suffered about KRW 100 million due to the plaintiff's unilateral suspension of delivery.

However, it is difficult to view that the Plaintiff transferred claims against E or F in lieu of the repayment of the unpaid rent, and there is no evidence to acknowledge the fact that the Plaintiff unilaterally suspended the delivery due to the Plaintiff’s breach of contractual obligations or caused damage to the Defendant.

Therefore, the defendant's argument cannot be accepted.

3. Conclusion of the Plaintiff’s claim