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(영문) 부산지방법원 2017.03.30 2016가단54564 (1)

임대료등

Text

1. The defendant shall pay 150,925,400 won to the plaintiff and 15% per annum from August 30, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 29, 2015, the Defendant issued a subcontract to the Korea Land Trust Co., Ltd. (hereinafter “instant construction”) for a reinforced concrete construction project, among the construction works of Culdo Belgium-dong, Nam-gu, Ulsan-do (hereinafter “instant construction”) that was contracted by the Korea Land Trust Co., Ltd., for a period of construction from July 29, 2015 to July 3, 2080,000, and from July 29, 2015 to September 30, 2016.

B. On August 10, 2015, public construction entered into a lease agreement with the Plaintiff to pay the amount of loss equivalent to the value for the temporary construction materials that were not returned to the Plaintiff despite the expiration of the lease term (hereinafter “instant lease agreement”). On August 10, 2015, public construction concluded a lease agreement with the Plaintiff to lease the construction temporary materials indicated in the attached Table, such as the waterway pumps, poppy, straws, softs, and rain pipes necessary for the instant construction site (hereinafter “instant construction temporary materials”). The Defendant jointly and severally guaranteed the Plaintiff’s payment of rent, and the obligation to pay the amount of loss.

C. From August 10, 2015 to June 17, 2016, the rent that the Plaintiff leased the instant construction temporary materials from around August 10, 2015 to around June 17, 2016 is KRW 79,409,00 in total, and the amount of loss incurred by the construction temporary materials not returned among the construction temporary materials is KRW 71,516,400 in total.

[Ground of recognition] Evidence No. 1, Evidence No. 4-1 to 69, Evidence Nos. 5 and 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid rent of KRW 79,409,00 and the amount of KRW 71,516,400 and the amount of KRW 150,925,40, and damages for delay calculated at the rate of 15% per annum from August 30, 2016 to the date of complete payment, as the Plaintiff seeks.

B. The defendant is the principal debtor of the instant lease agreement.