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(영문) 수원지방법원 2016.01.14 2015가합376
건축가설재사용료 및 손해배상 청구
Text

1. Defendant (Appointed Party) and Appointed B Co., Ltd. jointly share KRW 41,006,646 with respect to the Plaintiff and the Plaintiff’s share.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing, leasing, selling, etc. of temporary materials, and the Selection B is a company established for the purpose of soil construction business, etc., and the Defendant is a representative B’s actual operator.

B. On June 2, 2014, the Plaintiff entered into a lease agreement on temporary construction for construction works for multi-household housing (hereinafter “instant military field”) to be used at the construction site for the Dopo-household housing (hereinafter “instant military field”) in Gunpo-si (hereinafter “Spo-si”), in which the Plaintiff entered into a lease agreement for temporary construction works to be leased as KRW 90,000,000,000 for a reasonable unit price (hereinafter “Gunpo-si site lease agreement”) from June 10, 2014 to October 10, 2014 (hereinafter “Spo-si site lease agreement”), and the Defendant signed as the guarantor B’s guarantor.

Article 2 Lessee's Obligations

1. The lessee shall place an order with the lessor within three days before the date the required quantity of the leased object was released pursuant to the order; and

2. A lessee shall keep the leased object in custody at the first delivery site, and shall not move it to another site, or shall not allow a third party to take over it or to take profits from it, without the consent of the lessor;

3. If the obligations under the above paragraph 2 above are violated, the lessee shall be liable for civil and criminal liability.

Article IVStandards for Calculation of Rent and Method of Payment

1. The total floor area ¡¿ unit price per deliberation;

2. When additional quantity outside the contract quantity is requested, the amount of basic fees ¡¿ unit price ¡¿ the number of days shall be calculated;

Article 5 Delivery and Return of Rental Articles

1. If a lessor delivers the leased goods to the lessee, the lessor shall deliver a delivery certificate to the lessee, and the lessee shall deliver the delivery certificate to the lessor;

2. Where the lease period expires, the lessee shall without delay return the leased goods to the lessor’s workplace at the lessee’s expense, and such time shall be from 08 to 16, and it shall be excluded on holidays and Sundays; and

3. Where rental materials are returned, they shall be returned separately according to the standards.

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