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(영문) 창원지방법원 2019.11.08 2018가단113532
가설재 임대료
Text

1. The defendant shall be jointly and severally and severally with C Co., Ltd. for KRW 96,220,300 and KRW 43,740,400 among them, from March 31, 2018 to May 52.

Reasons

1. Basic facts

A. The Plaintiff is a company mainly engaged in the production and lease of temporary materials (any materials installed and used as a preservation or temporarily for a construction work and demolished or demolished after the completion of the construction work in question) among the construction materials. The Defendant is a company that constructs a tourist hotel in D and four lots, and C Co., Ltd (hereinafter “C”) is a company that subcontracted the construction of reinforced concrete from the Defendant.

B. On July 21, 2017, the Plaintiff: (a) concluded a contract to lease the temporary material of Alp (AL-FRM, and the material made with aluminium) equivalent to the contract amount of KRW 400,400,000 to C; (b) on November 30, 2017, the Defendant was jointly and severally and severally suretyed by the Defendant; (c) on November 30, 2017, the lessee was the lessee; (d) concluded a lease contract for Alp, by adjusting the contract amount to KRW 218,702,00; and (e) C jointly and severally guaranteed it.

(hereinafter referred to as the “instant lease contract”) between the Plaintiff and the Defendant.

By June 13, 2018, the Defendant returned the Algae leased from the Plaintiff.

The Plaintiff issued each electronic tax invoice (including value-added tax) equivalent to KRW 43,740,40 on February 28, 2018, the electronic tax invoice equivalent to KRW 52,479,90 on March 31, 2018, and the electronic tax invoice equivalent to KRW 2,349,60 on June 25, 2018, and claimed rent.

On the other hand, since January 2018, the Defendant carried out concrete building works at the above construction site, and during the process, the phenomenon in which sludge is placed and the temporary materials are displayed (where it is installed to support upper part and upper part of the concrete, it shall be maintained at an appropriate location until a prescribed strength is obtained).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence Nos. 11, 12, Eul evidence Nos. 5 through 10, and Eul evidence Nos. 18 are included below.

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