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Reasons
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(영문) 인천지방법원 2014.10.07 2013가단86129
임대료
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1. The Defendant shall pay to the Plaintiff KRW 65,725,00 and the interest rate of KRW 20% per annum from November 9, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of civil engineering, construction, etc. in the name of “B”, and the Defendant is a juristic person established for the purpose of leasing a barge.

B. The Defendant and C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant and C (hereinafter “C”), after receiving a contract from the Incheon Maritime Port Authority for the “Suldo Do Do Do west-do Do west-do Do west-do Do Do Do Do Do Do Do Do Do Do Do Do Do,” and entered into a contract with C to subcontract the part

C. The Plaintiff’s barge D (hereinafter “instant barge”) leased and used the Plaintiff’s barge from June 10, 2013 for the instant construction work, and the term of the original lease was up to July 9, 2013, but finally, the Plaintiff, the owner of the instant barge, was returned from October 25, 2013.

The user fee for the barge during the above period is KRW 76,725,00,000, which is paid KRW 1,000,000 around August 2013, and the Defendant paid KRW 10,000 to the Plaintiff on October 25, 2013, which was not paid by the Plaintiff at present, is KRW 65,725,00.

[Evidence Evidence: Each entry of Evidence Nos. 1, 4, and 8, and the purport of the whole pleadings]

2. The parties' assertion

A. The lessee of the instant barge asserted by the Plaintiff is not the Defendant, but C.

Therefore, the defendant is obligated to pay the remaining barge fee to the plaintiff as stated in the purport of the claim.

B. The lessee of the instant barge asserted by the Defendant is not the Defendant but C, and the contract between the Plaintiff and the Defendant (Evidence A No. 1) was prepared by the Plaintiff’s request by C.

Therefore, the defendant cannot respond to the plaintiff's claim of this case.

3. Determination

A. According to the following: (a) the lessee of the instant barge lease agreement, and the Plaintiff’s evidence No. 1, the Plaintiff and the Defendant are the lessor, the Defendant, and the lessee, and the monthly rent of KRW 15,500,000.

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