(영문) 의정부지방법원 2019.10.30 2019가단2629

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(영문) 의정부지방법원 2019.10.30 2019가단2629

임대료 등

Text

1. The Defendant’s KRW 140,609,50 for the Plaintiff and 15% per annum from January 10, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur operating a temporary materials leasing business, and the Defendant is a company operating a manufacturing business and a bread manufacturing and selling business.

B. On January 10, 2018, the Plaintiff entered into a contract with the Defendant for the lease of temporary materials (hereinafter “instant lease contract”) at the construction site of Yangju-si, a executory company (hereinafter “instant construction site”). The main contents are as follows.

From January 10, 2018 to July 10, 2018, the defendant shall return goods by completely removing the failure to return goods, but the damaged or lost goods shall be compensated in accordance with the current market price.

Method of Payment: By determining the amount of goods supplied, the payment shall be made on the tenth day of each month.

Amount of decision 7,532,850 won

C. According to the instant lease agreement, the Plaintiff leased and supplied temporary materials from January 2018 to November 2018 at the construction site of the instant construction site, and the Defendant paid KRW 7,532,850 on January 2018, but did not pay rent for ten months from February 2018 to November 2018.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, 4, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Defendant leased temporary materials from the Plaintiff, and thus, according to the instant lease agreement, the Defendant is obligated to pay the remainder of KRW 75,328,500, and the amount of the unpaid rent of KRW 65,281,50, and the amount of the unpaid rent of KRW 75,532,850, excluding the amount of KRW 7,532,850, paid from the Defendant for the portion of November 2018, pursuant to the agreement on the lease of this case, from January 2018 to November 2018.

B. The defendant's argument is an executor at the construction site of this case, and the plaintiff entered into a contract for temporary re-lease with D Co., Ltd. which is a contractor, and the defendant is liable for the payment of the temporary re-lease fee and the building temporary re-building cost destroyed for the plaintiff.

유사 판례

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