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(영문) 서울중앙지방법원 2019.07.23 2018가단5183029

임대료

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of leasing snow materials.

The Plaintiff entered into a lease agreement with C(hereinafter “C”) and C’s D site (hereinafter “instant site”) on lease of building temporary materials, and leased building temporary materials.

B. On July 29, 2016, the Plaintiff, C, and the Defendant: (a) concluded an agreement with the purport that the Defendant would succeed to the status of C (hereinafter “instant succession agreement”); and (b) drafted a written agreement (Evidence A1; hereinafter “instant agreement”) with the following content to the effect that the Defendant would succeed to the status of C.

By applying mutatis mutandis a written lease contract for temporary materials prepared by the Plaintiff and C on November 16, 2015 and December 7, 2015, the Plaintiff and C shall pay 20,000,000 and 18,780,707,707 (including value-added tax) out of the rent of KRW 56,689,605 (excluding value-added tax) that the Plaintiff claimed to C, as the case may be, to the Plaintiff.

(Article 1(1). At the same time, C is responsible for the removal of the materials and at the same time, C bears the full amount of the cost of the destruction after the final removal of the materials.

(Article 1(2). The defendant shall be responsible for, dissolve, and organize the Plaintiff’s building temporary materials remaining at the site of this case, and bear all the transportation costs incurred in carrying out the above materials.

(Article 2(1). In the case of damaged materials, the Defendant shall pay the Plaintiff repair cost, and the Defendant shall pay the rental fee incurred from July 1, 2016 to the date of final release of the materials, and KRW 36,689,605, out of the above KRW 56,689,605, whichever is less, to the Plaintiff.

(Article 2(2). Before the Plaintiff’s construction temporary materials are entirely taken out, the Defendant does not enter other construction temporary materials into the site of this case.

In the case of storage of other materials, the Defendant is liable to pay the loss incurred by C.

(Article 2(3)(c).

The Plaintiff set the contract amount as KRW 69,277,065 (including value-added tax) from October 7, 2016 to October 8, 2015, and the delivery period as well as from October 8, 2015 to the completion of system operated works. The Plaintiff is at the present site of this case to the Defendant.