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(영문) 서울동부지방법원 2020.10.29 2019가합812
임대료 등
Text

The Defendants jointly set forth the Plaintiff KRW 124,355,00 and KRW 17,765,00 among them, from June 11, 2018, and KRW 17,765.

Reasons

1. Facts of recognition;

A. On October 2017, Defendant C Co., Ltd. (hereinafter “Defendant C”) was awarded a contract with D Co., Ltd. for the construction of “G building” located in Nam-gu, Incheon, Dong-gu E and F (hereinafter “instant construction”). On January 2018, Defendant B Co., Ltd. (hereinafter “Defendant B”) awarded a subcontract for the structural construction of the instant construction.

B. On February 12, 2018, the Plaintiff, who runs a temporary re-lease business, entered into a temporary re-lease agreement with Defendant B with the purport that the Plaintiff would lease the temporary materials necessary for the framework construction of the instant construction (hereinafter “instant lease agreement”) among the instant construction, and the details of leased goods and personnel expenses on the key 1.

2. Term of lease: 60 days from an input date;

3. Contract amount: 16,150,000 won (excluding value-added tax);

4. Delivery place: G buildings.

5. Date of delivery: To substitute for a invoice.

6. Payment method: The conditions of cash settlement within the 10th day following the end of each month.

7. Special terms: The additional supply of goods other than the contracted goods shall be regarded as the additional commodity contract by the order sheet or invoice.

8. Article 2 (Period of Lease) of the General Terms and Conditions of Lease (the same as the amount stated in the name and size of each item in the "statement of temporary materials for lease" as the amount stated in the "statement of materials loss") shall guarantee the term of lease mentioned above. If either party does not express his/her intention at load, etc. five days before the expiration of the term of contract, the term of contract shall be automatically extended, and the defendant B shall promptly notify the Plaintiff of the scheduled date of return of the leased goods.

Article 6 (Limitation on Compensation for Loss and Scrapping Goods) (2) When Defendant B loses possession of the goods due to loss, theft, etc., and thus it is impossible to recover the Plaintiff’s property at the Plaintiff’s decision, Defendant B shall pay to the Plaintiff the value of the goods destroyed (value of household property information) as provided for in this Agreement.

Article 9 (Termination of Contract) First, the Plaintiff falls under each of the following subparagraphs to Defendant B:

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