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(영문) 대전지방법원 논산지원 2018.08.22 2017가합56
건설자재임대료
Text

1. The Defendants shall jointly and severally serve as KRW 34,00,000 on the Plaintiff and as a result, from June 13, 2017 to August 22, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in construction materials leasing business under the trade name called “E” in Do, and Defendant B limited partnership company (hereinafter “Defendant B”) is a juristic person engaged in civil engineering and construction business, etc., and Defendant C is a general partner of Defendant B’s unlimited liability.

F Co., Ltd. (hereinafter referred to as “F”) is a corporation that is engaged in civil engineering work business, etc.

B. On December 11, 2015, F entered into a subcontract with Defendant B and 105, 106, 109, 110 roads and remaining reinforced concrete construction works on December 11, 2015 for the said new construction works, and with the construction amount of construction amount of KRW 1,081, 674,00,00.

C. 1) On April 15, 2016, the Plaintiff and Defendant B agreed to lease construction materials from Defendant B from December 1, 2015 to August 15, 2016 (hereinafter “the first lease agreement of this case”) to KRW 186,200,000 (the amount of KRW 95,000 in total, KRW 1,960 in total) (hereinafter “the first lease agreement of this case”). The lease agreement (Evidence 1) made at the time of the said contract is “the first lease agreement of this case”).

[2] On May 13, 2016, the Defendant joining the Defendant issued a performance guarantee insurance policy that guarantees Defendant B’s obligation to pay rent under a construction materials lease agreement, starting from May 12, 2016 to August 15, 2016, with the insurance coverage amount of KRW 129,00,000, and the insurance coverage period of KRW 129,000.

3 In accordance with the above subcontract, Defendant B suspended construction work on September 30, 2016 while performing the construction work at the site of the instant new construction work, and F directly performed the construction work suspended by Defendant B from January 2017.

On December 6, 2016, 2016 between the Plaintiff and Defendant B, “Defendant B shall pay rent according to the daily unit price table of construction materials leased during the period from August 16, 2016 to the completion of the structural construction work.”

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