(영문) 수원지방법원여주지원 2014.05.22 2013가합1623

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(영문) 수원지방법원여주지원 2014.05.22 2013가합1623

임대료 및 미반납자재대금

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1. Defendant A shall pay to the Plaintiff KRW 122,467,863 as well as 20% per annum from September 12, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On May 9, 2011, the Plaintiff entered into a contract for the lease of temporary materials (hereinafter “instant lease contract”), and Defendant A agreed to the effect that “The guarantee limit of a joint and several surety is the total amount of rental materials and unpaid rents leased to the Plaintiff by the construction company, and the guarantee amount shall be up to five hundred million won, and the guarantee amount shall be up to five years.”

B. On February 29, 2012, Defendant B drafted a written confirmation (hereinafter “instant written confirmation”) stating that “I will confirm that I will use it at the site of a marina complex resting area on the basis of a invoice in leasing and using temporary materials from the Plaintiff and return it in good faith” (hereinafter “instant confirmation”).

C. According to the instant lease agreement, the Plaintiff leased temporary materials at the construction site of the Sisongdong-dong Blue Housing Construction, and at the construction site of the marina complex resting area, etc., and filed a claim for KRW 335,680,919 from May 31, 201 to May 31, 2013. Of them, KRW 284,374,556 (including KRW 67,429,000 paid in lieu of the temporary materials owned by the Silue Construction), and the remainder of KRW 51,306,363 was not paid.

Few Construction shall return only a part of the temporary materials leased to the Plaintiff, and the remainder was damaged or lost and did not return it.

According to the estimate attached to the instant lease agreement, the indemnity amounting to KRW 71,161,500 is calculated in total, and the indemnity amounting to the temporary materials supplied to the site of a marina complex rest area is KRW 57,99,500.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is a type of build-up.

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