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(영문) 수원지방법원 평택지원 2018.12.21 2017가단60756
기타(금전)
Text

1. The Defendant’s KRW 30,895,00 for the Plaintiff and its related KRW 6% per annum from November 11, 2017 to December 21, 2018.

Reasons

1. Facts of recognition;

A. The parties’ status and relevant Defendant are corporations established for the purpose of building and engineering work, and Nonparty C is a building work company. The Plaintiff is a merchant operating building material leasing business in one’s trade name, and the Defendant, around September 2016, awarded a contract to E Company for a structural construction work among the new construction works of the F-based building (hereinafter “instant construction work”), and E Company subcontracted the instant construction work to C.

B. On the other hand, around September 3, 2016, C entered into a lease agreement on temporary materials between C and the Plaintiff, and C entered into a lease agreement with the Plaintiff (hereinafter “instant lease agreement on temporary materials”). At that time, C provided temporary materials from the Plaintiff and performed the instant construction.

(2) After December 2016, C, a scheduled construction period, did not complete the construction and did not pay the Plaintiff the instant rent, and the Plaintiff demanded Nonparty G, the head of the site office of C and the original office, to prepare a written contract.

(3) On December 2016, Gman’s joint and several sureties (C’s repayment of the object of lease, payment of rent, liability for damages for lost materials and cost of dismantling and removing the leased object) prepared a contract for the instant temporary installation to the Plaintiff on the lease agreement (A evidence, date of preparation, written retrospectively as of September 3, 2016).

C. Major contents of the contract for the lease of temporary materials of this case are as follows.

The lease term: Calculation of rent from September 3, 2016 to December 2, 2016: the total floor area of the building: 300 square meters x average unit price of KRW 90,00 per square x 27 million x value-added tax (excluding value-added tax), but the lessee who pays additional rent by converting it into a daily lease at the time of continuing the construction after the expiration of the construction period shall pay the loss of the temporary materials.

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