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(영문) 수원지방법원안산지원 2016.12.08 2015가단16736

임대료, 손망실대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On January 20, 2014, the Plaintiff entered into a temporary re-lease agreement with the Defendant with respect to Ctel construction work.

However, when the defendant used the temporary materials beyond the agreed lease term, 35,143,562 additional rent occurred, and if the temporary materials which have not been returned by the date of submission of the complaint in this case are lost losses, the price is 36,22,60 won.

Therefore, the defendant is obligated to deduct 3,00,000 won (71,36,162- - 3,000,000 won) which was already paid by the defendant from the amount of 71,366,162 won (i.e., 35,143,562 Won 36,222,600), which is the sum of the additional rent and the loss loss amount for the plaintiff's 67,19,692 won (i.e., 67,143,562 Won 36,22,600), among the above additional rent and loss loss amount for the plaintiff, and to pay from the balance the amount offset by the amount of 1,16,470 won due to the container, the joint board loan, and compensation for delay.

B. The Defendant subcontracted to the Defendant D with the temporary site, mold, studs, and concrete construction in need of temporary materials during the Ctel construction, and the said D entered into a temporary re-lease agreement with the Plaintiff.

Meanwhile, the Defendant guaranteed the Plaintiff’s debt to D to the extent of the contract amount of KRW 319,00,000 under the above provisional reconstruction lease agreement, and the Defendant’s assertion that the amount of the debt guaranteed exceeds the payment guarantee amount: by the end of February 12, 2014, the Defendant paid KRW 308,000,000 to the Plaintiff out of KRW 31,000,000, which paid the said payment guarantee amount of KRW 11,000,000, which was the unpaid balance of KRW 11,000,000, which was transferred to the Plaintiff (written contract of non-payment). Upon the Plaintiff’s demand that the payment of KRW 3,00,000, which was delayed, the Defendant additionally paid KRW 3,000,000 to the Plaintiff.

However, on April 22, 2015, the Plaintiff received the total amount of KRW 11,00,000,000 that was acquired by the Plaintiff from E, and eventually, the Defendant paid to the Plaintiff in excess of KRW 319,00,000,000, which was guaranteed by the Plaintiff.

1. As to the Plaintiff