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(영문) 수원지방법원 2016.06.09 2015가단20847

건설가설재임대료등

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 42,874,138 and the Defendants’ amounting to 6% per annum from March 28, 2015 to June 9, 2016.

Reasons

1. Basic facts

A. On May 19, 2014, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to lease construction temporary materials (hereinafter “instant lease agreement”). Defendant B, as the representative of the Defendant Company, jointly and severally guaranteed the obligation to pay rent, etc.

B. In accordance with the instant lease agreement, the Plaintiff provided the Defendant Company with new construction materials, etc. to the Gandong field, etc.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. Comprehensively taking account of the overall purport of the arguments as to the grounds for the claim Gap's evidence Nos. 2 through 11, the plaintiff supplied construction costs to the defendant company from May 19, 2014 to November 29, 2014, and returned construction costs incurred from the lease from September 5, 2014 to January 28, 2015; the plaintiff received the signature of the defendant company's employee on the shipment slip at the time of supply; the plaintiff issued the issuance of the transaction statement to the defendant company around 25 days of each month based on the shipment slip and the shipment certificate; the plaintiff issued the tax invoice accordingly; the defendant company did not raise any objection against the volume and the unpaid amount of the construction costs; the rent was refunded to the defendant company 19,396,398,497, and the unpaid rent was refunded to the defendant company at the time of filing a lawsuit; and the plaintiff company was not able to recover the rent at the site and the unpaid amount.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the rent and loss of the construction cost incurred, and the delay damages incurred therefrom, unless there are special circumstances.

B. The defendant's defense, etc.