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(영문) 전주지방법원 2017.10.31 2016가단36524
가설재임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 28,506,830 and the interest rate of KRW 15% per annum from September 27, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On November 12, 2013, the Plaintiff concluded a contract with the Defendant to lease temporary materials at the new site of the apartment building B in Masung-gun, the amount of rent to be leased according to the transaction statement (inception certificate). The calculation of the usage fee is “(lease unit price x the number of days of use x the number of days of use x the number of days of use x the number of days of use)” and the amount of the usage fee is to be paid in cash within 14 days if a claim is filed by applying the current market price at the time of closing (hereinafter “instant temporary re-lease contract”).

On the same day, the forest construction industry jointly and severally guaranteed the defendant's obligation to the plaintiff under the temporary re-lease agreement of this case.

The tenant column of the discontinuance part of the temporary re-lease contract (No. 1) of this case includes the forest construction industry as the other party of the settlement statement prepared by the plaintiff in relation to the temporary re-lease contract of this case. However, according to the whole purport of the argument of this case, the above part of the discontinuance part of the temporary re-lease contract of this case appears to be a clerical error, and since the defendant did not have a business owner's name, it seems that the plaintiff prepared a settlement statement in the future of the forest construction industry.

B. The usage fees not paid due to the instant temporary re-lease agreement are KRW 25,786,830 in total, and the usage fees are KRW 2,720,000 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant shall pay to the Plaintiff damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 27, 2017 to the day of full payment, which is the day following the day of amendment of the claim in this case’s provisional re-lease agreement (25,786,830 won) and the amount of damages for delay by 28,506,830 won (2,720,000 won) incurred under the temporary re-lease agreement.

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