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(영문) 서울중앙지방법원 2019.09.19 2018가단52182

건설가설재임대료

Text

1. As to KRW 108,307,123 and KRW 61,559,07 for the Plaintiff, the Defendant shall pay to the Plaintiff KRW 46,748,046 from October 16, 2018.

Reasons

1. Facts of recognition;

A. On January 17, 2018, the Plaintiff entered into a temporary re-lease agreement with the Defendant, and leased the building temporary materials to the Defendant as follows. According to the said lease agreement, the Plaintiff agreed to pay the rent in cash 45 days after the end of the relevant month.

The actual amount of KRW 201,508,348, from January 25, 2018 to August 25, 2018, at the time of the Defendant’s temporary rental of the construction site, is recognized as KRW 201,508,349, or KRW 201,508,348, as claimed by the Plaintiff.

From August 26, 2018 to Nov. 25, 2018, the Yangju E New Construction Site of KRW 46,748,046 to Nov. 25, 2018, KRW 309,587,183 won in total, from January 26, 2018 to May 31, 2018, at the construction site of the F Parking Lot of Suwon Line of KRW 32,180,060 from May 31, 2018 to April 30, 2018.

B. The Defendant paid the Plaintiff the total amount of KRW 5,350,400,400 on March 13, 2018, as the rent for construction temporary materials at the construction site at the Yangju E site and F construction site from January 2018 to August 25, 2018, as the rent for construction temporary materials at the D school construction site, and KRW 9,325,800 on April 10, 2018, and KRW 55,000,000 on May 9, 2018, and KRW 89,10,000,000 on May 10, 2018, and KRW 25,00,000 on July 31, 2018, and KRW 860,016,00,000 on September 17, 2018.

[Grounds for recognition] Evidence Nos. 1 to 12-6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the Plaintiff’s cause of claim, the Defendant: (a) at the request of the Plaintiff, as to the unpaid rent of KRW 108,307,123 (=309,587,183 - 201,280,060); (b) double-ju E construction sites; (c) the rent for the temporary construction of the construction site; and (d) the unpaid rent from January 2018 to August 25, 2018 (i) the unpaid rent of KRW 61,559,07 out of the rent for the construction of the construction of the D School site (i.e., KRW 201,508,348, KRW 32,180,060, KRW 29,150, KRW 201,280,060 - KRW 201,280,060) from August 16, 2018;