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(영문) 수원지방법원 여주지원 2018.10.17 2016가단1399

임대료

Text

1. The Defendant’s KRW 100,713,528 among the Plaintiff and KRW 47,880,000 among the Plaintiff, shall be KRW 33,840,000 from February 2, 2016.

Reasons

1. Facts recognized;

A. C Co., Ltd. accepted a subcontract from the Defendant for the pelvis Corporation among the Diplomatic Works in nuclearju (hereinafter “instant construction”), and on May 22, 2015, leased temporary materials necessary for the said construction from the Plaintiff (hereinafter “Lease”).

B. From May 22, 2015 to September 30, 2015, the term of the instant lease is KRW 124,080,000 (hereinafter “the instant rent”), and the Defendant jointly and severally guaranteed the Plaintiff’s obligation under the instant lease agreement to the Plaintiff.

C. C Co., Ltd. (hereinafter “C”) paid KRW 57,200,000 out of the instant rent to the Plaintiff. As the instant construction is terminated on or around December 2015, the instant lease was extended up to that time.

According to Article 7 of the instant lease agreement, in the case of extension of the term of lease, the term of the contract is the same as the previous one, and the additional rent was generated more than 3,840,000 won due to the extension of the term of the instant lease.

E. The Defendant’s use fee for the non-intersections used from January 2016 to March 2016 is KRW 10,100,528 (hereinafter “non-intersections”). The cost for the loss of temporary materials that C failed to refund to the Plaintiff due to its loss is KRW 8,893,00 (hereinafter “the cost for the loss of this case”).

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment as to the cause of the claim, the defendant, as a joint and several surety or non-generation user of C, shall pay the plaintiff the unpaid rent of KRW 66,880,00 ( KRW 124,080,00-57,200,00) and the additional rent, non-limited fee, and loss fee for the plaintiff, the total sum of KRW 119,713,528 ( KRW 6,880,000, KRW 333,840,000, KRW 10,100,528, KRW 893,000,00) and delay damages therefor.

The plaintiff asserts that the price of the temporary material which was not returned due to the loss is KRW 13,132,00,000, but it is insufficient to recognize it only by the evidence submitted.