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(영문) 대구지방법원서부지원 2019.05.23 2017가합934
사용료
Text

1. The Defendant’s KRW 138,473,631 as well as the Plaintiff’s annual rate of 5% from March 22, 2017 to May 23, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person engaged in the wholesale, retail, rental, etc. of construction materials, and the Defendant is a juristic person engaged in an engineering work business, building work business, etc.

B. On July 26, 2013, the Plaintiff and the Defendant entered into a contract with the Defendant to lease or sell various structures and non-permanent materials (hereinafter referred to as “non-permanent materials”) at the construction site of the Defendant’s construction site of the Samsung-si, which is the Defendant’s construction site, and to lease (hereinafter referred to as “contract for the lease of temporary materials”) with the Defendant to pay rent, etc. (hereinafter referred to as “sale part”).

(The lease and sale of the actual temporary materials between the plaintiff and the defendant was carried out from June 24, 2013, one month prior to the execution date of the contract by the above document.

The Plaintiff leased temporary materials to the Defendant from June 24, 2013 to September 7, 2013 in accordance with the lease contract for the instant temporary materials. The details are as indicated in the “detailed material list” in the attached Table 2 stating the details of lease and sale temporary materials and the calculation details of rent, etc. (hereinafter “attached Table 2”).

In addition, according to the above rental contract, the Plaintiff sold the provisional materials to the Defendant from June 24, 2013 to September 9, 2013, and the specific details are as indicated in the attached Table 2.

The Plaintiff continued to extend the lease period after leasing and selling the temporary materials at the racing site as described in the foregoing paragraph (c) by continuing to allow the Defendant to occupy and use the temporary materials at the racing site. The Plaintiff demanded the Defendant to pay the rent by entering into a lawsuit against the owner of the said construction building, which would be an auction of real estate, but requested the Defendant to return the temporary materials to the Defendant on May 2015, and on May 10, 2015, the Plaintiff consented by the Defendant’s representative director.

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