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(영문) 광주지방법원 2015.02.10 2014가단43699

임대료

Text

1. The Defendants jointly and severally against the Plaintiff KRW 33,326,260, and Defendant Name Capital Construction Co., Ltd.

Reasons

1. Facts of recognition;

A. On September 25, 2013, Defendant Corporation Construction Co., Ltd. (hereinafter “Defendant Corporation Construction”) subcontracted a reinforced concrete construction project (hereinafter “instant construction”) from the ELS Comprehensive Construction Co., Ltd. for the construction of the Sinpo-dong SGI Buddhist Culture Center (hereinafter “instant construction”) to implement the instant construction project.

B. On November 26, 2013, Defendant Construction concluded a lease agreement with the Plaintiff on the lease of oil pumps, cross-sections, etc. to be used for the instant construction. However, the rent calculated during the period from the date following the date of arrival of the instant construction site to the date of return of the temporary materials shall be paid in cash on the on-site (five days) of the following month as of the date of issuance of the tax invoice, and if Defendant Registered Liquor Construction fails to pay rent on the said date, Defendant A and B jointly and severally guaranteed the Defendant’s obligation to pay rent for the Plaintiff under the instant lease agreement to the Plaintiff on the same day.

C. From November 26, 2013 to June 17, 2014 under the instant lease agreement, the Plaintiff leased temporary materials, such as water pumps, at the construction site of this case. The rent for the temporary materials, such as water pumps, leased by the Plaintiff during the said period is KRW 625,50 on November 1, 2013, KRW 2846,00 on December 2, 2013, KRW 14,681,355 on January 14, 2014, KRW 13,101,930 on February 13, 2014, KRW 13,836,45 on March 13, 2014, KRW 12,349, KRW 90 on April 12,349, KRW 205, KRW 36,4636,4636,64,636,604,636,64,604.

On the other hand, the plaintiff received a total of KRW 33,00,000,000 from Defendant Name Construction, and has not yet received KRW 33,326,260.

[Reasons for Recognition] Defendant Name Construction, A: Evidence Nos. 1 through 3, Evidence No. 4-1 to 8, and the purport of the whole pleadings.

Defendant B: Confession under Article 150 of the Civil Procedure Act