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(영문) 광주지방법원 2015.05.12 2014가단54323

자재임료지급

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 46,493,476 as well as the interest rate from January 8, 2015 to the day of full payment.

Reasons

1. Judgment on the ground of the plaintiff's claim

(a) The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 4, and 3-1 to 6, and Eul evidence No. 1.

(1) around 2013, Defendant Dongjin Construction Industry Co., Ltd. (hereinafter “Defendant Co., Ltd”) contracted for a new construction of multi-household housing in the former Chang-gun, Chang Chang-gun, North Korea.

(2) The Defendant Company subcontracted the part of the construction of reinforced concrete among the above new construction works to the new construction company for the new construction company (hereinafter “new construction company”), and the new construction company sub-subcontracted the labor cost portion to the Defendant A.

(3) The Plaintiff agreed to lease the construction temporary materials for the said construction to New Youngdong Construction and Defendant A, and the Defendant Company jointly and severally guaranteed the Plaintiff’s obligation to rent new Youngdong Construction and the construction temporary materials for Defendant A around August 17, 2013.

(4) From August 2013 to March 2014, the Plaintiff leased a total of KRW 74,493,476 to New Youngdong Construction and Defendant A.

(5) The Defendant Company: (a) KRW 5,000,000 on December 3, 2013; (b) KRW 5,000,000 on December 23, 2013; and (c) KRW 8,00,000 on January 27, 2014; and (d) the same year.

4.0. 10. 10. 10. 10. 00,000 Won for rent of KRW 28,000,000.

B. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of 46,493,476 won (=74,493,476 won - 28,000,000 won) and damages for delay calculated at the rate of 20% per annum from January 8, 2015 to the day of full payment, which is the day following the date of final delivery of the copy of the instant complaint sought by the Plaintiff.

2. As to the Defendant Company’s assertion, the Defendant Company renounced the above construction around November 2013, and the New Youngdong Construction paid rent of KRW 21,44,804 for three months that it used to the Plaintiff.