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(영문) 부산지방법원 서부지원 2018.01.19 2017가단1552
임대차보증금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 34,302,00 won and the interest rate of 15% per annum from March 16, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in the business of leasing temporary materials at the construction site in the name of “B,” and the excellent construction company for Defendant Dok Integrated Construction Co., Ltd. (hereinafter “Defendant Dok Integrated Construction”) is a company subcontracted to the instant construction of reinforced concrete (hereinafter “instant construction”) among the “C training site construction works” located in the time when the construction is performed by Defendant Dok Integrated Construction Co., Ltd. (hereinafter “Defendant Dok Integrated Construction”).

B. On March 23, 2016, the Plaintiff entered into a lease agreement for temporary materials (hereinafter “instant lease agreement”) with Defendant Excellent Construction Co., Ltd. with the following terms and conditions, and Defendant Dak General Construction jointly and severally guaranteed Defendant Dok Construction’s obligation under the said agreement.

The period of use of leased materials: Items subject to the application of the additional user fee from March 23, 2016 to June 31, 2016 as non-standard materials on March 23, 2016: From March 23, 2016 to August 31, 2016: Items subject to the application of the additional user fee from March 23, 2016 to August 31, 2016: Safety materials, B/T, systems, outside pits, rush, rush, and the contract amount excluded from wafine (tax amount separately): The amount of cash transport expense:

C. On August 31, 2016, the Plaintiff supplied temporary materials, such as large houses, at the construction site of the instant construction site (hereinafter “the instant temporary materials”). D.

The Plaintiff claimed for rent of KRW 57,750,00 (including value-added tax) and KRW 60,302,000 based on the instant lease agreement for the Defendant Outstanding Construction. However, the Plaintiff did not pay the remainder of KRW 34,302,00 (including value-added tax) with KRW 60,30,000 on March 24, 2016.

【In the absence of dispute, Gap 1, 2, and 3, Eul 3-1, 2, 3, and 4-1, 2-2.

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