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(영문) 서울중앙지방법원 2015.06.16 2014가합45909

물품임대료등

Text

1. The Plaintiff:

A. Defendant A shall be KRW 136,607,706 and a rate of 20% per annum from November 14, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company with the objective of leasing temporary materials. 2) Defendant A is a business operator (business registration number: D, business address: Gyeonggi City E, 504) with the trade name “C” and is a business operator engaged in non-school installation works.

F is the wife of Defendant A.

F also registered business (business registration number: G) with the trade name of “C”.

3) Defendant B corporation (hereinafter “Defendant B”)

B. Defendant B subcontracted Defendant B’s construction work on April 3, 2012, with a view to stone construction work (hereinafter “instant construction work”). Defendant B subcontracted Defendant A with a view to stone construction work among H apartment construction work in Namyang-si, Nam-si.

2) Defendant B, around 2013, installed a rain gauge for F’s C (business registration number: G) and for the execution of tin work among the Category I apartment first and second new construction works, Sejong East Construction Co., Ltd. (hereinafter “instant Sejong Construction”).

(c) A contract between the Plaintiff and the Defendant for temporary re-lease Agreement between the Plaintiff and the Plaintiff (mutual lessee: C representative: Defendant A’s joint and several surety)

1. Details of leased objects: Temporary materials and right to lease at a fry;

2. Term of lease: From April 2012;

4. Places of supply: The South-Korea CoastJ and other national sites;

6. Payment method: (30) On a monthly basis, Article 8 (Delivery and Return) (1) of the General Conditions for Lease Contract (Delivery and Return) when the Plaintiff delivers leased goods to the Defendant A, the Plaintiff shall deliver a shipment certificate to the Defendant A, and the Defendant A shall deliver a receipt to the Plaintiff.

② When Defendant A returns leased goods to the Plaintiff, the Plaintiff shall deliver a certificate of receipt to the Defendant A.

(5) When returning leased goods, the Plaintiff and the Defendant present at the Plaintiff’s place of business and examine leased goods.

Article 11 (User Fee) (1) Rental fees shall have arrived at the site of leased goods.