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(영문) 수원지방법원 2016.09.09 2015가합61982

임료 등 청구의 소

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 89,316,089 and KRW 51,470,689 among them, from February 10, 2015, and KRW 37,845.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the business of leasing architectural equipment, etc., and Defendant A (hereinafter “Defendant A”) is a company that engages in housing business, civil engineering business, construction business of steel reinforced concrete, etc., and Defendant B is a director of Defendant A.

B. On April 18, 2014, the Plaintiff entered into a lease agreement between Defendant A and Defendant A to lease temporary materials to be used at all construction sites implemented by Defendant A and Defendant A (hereinafter “instant lease agreement”). The details of the instant lease agreement are as follows.

Lease contract period: from the date of shipment to the date of completion of return.

Rent: The payment of rent shall be made on the last day of each month in accordance with the transaction statement and tax invoice generated on the basis of the date the leased goods arrive at the construction site of Defendant A, and shall be paid on the last day of

If the payment date exceeds the payment date, the additional dues of 20% per annum from the excess to the full payment date shall be paid as damages for delay.

The cost of repair, loss, or loss of the leased object shall be paid according to the unit cost of destruction determined at the time of the contract for the execution of the network, and the rental fee, repair cost, and the cost of loss shall be paid at the unit price of the estimate (lease).

When the defendant has lost or lost leased materials, he/she shall reimburse at the unit price of sale of the specifications (cash) and pay interest at the rate of 20% per annum from the excess date to the payment date if the amount exceeds 60 days following the following month from the date of settlement of loss charges, and at the time of natural disasters and natural disasters, he/she shall be responsible for all of the defendant A and pay within 60 days following the end of the following month.

This Agreement shall continue to apply to all sites performed by Defendant A (in principle, written notification at the time of non-application).

Defendant B guaranteed all the Defendant A’s obligations under the instant lease agreement on the same day.

C. The Plaintiff leased temporary materials at the construction site of Defendant A as follows:

The rent for the period of the title of the construction site shall be the wife population when the construction site is permitted.