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(영문) 수원지방법원안산지원 2016.05.10 2016가단1496
건설자재 임대료
Text

1. Defendant B shall pay to the Plaintiff KRW 28,085,00 with interest of KRW 15% per annum from December 19, 2015 to the date of full payment.

Reasons

1. The Plaintiff asserted in early 2015 that the Plaintiff leased the materials at Defendant B’s request to lease a new building on the land owned by Defendant 2 and 3, and that KRW 3 million was unpaid as rent, and the volume of the materials worth KRW 25,085,000 was not refunded as shown in the attached Form.

Therefore, the Plaintiff is seeking the payment of the total amount.

2. Defendant B’s claim against Defendant B is the fact that the payable amount is three million won, and the Defendant asserts that the Plaintiff’s payment should be deducted from compensation for damages, inasmuch as the Plaintiff supplied materials that do not coincide with the drawing and used other materials and used them as the cost was 500,000 won. The Plaintiff’s claim for this part is reasonable, inasmuch as there is no evidence to acknowledge the circumstance of the Defendant’s claim. 2) The Defendant’s claim for compensation for non-repaid materials is arguing that all the materials were returned. It is insufficient to acknowledge that the testimony by the witness E and F was returned (the content of the testimony is considered to have been returned because there was no materials accumulated in the construction site after the completion of the construction work, and it is not a witness to the Plaintiff).

Therefore, the defendant is liable to compensate for the remaining quantity as stated in the attached Form, which the plaintiff claims that the plaintiff was partially returned and failed to pay out of the materials supplied by the plaintiff to the defendant (total quantity is the aggregate of the materials stated in Gap evidence No. 2 signed by the defendant). The entire purport of the pleading is that if the plaintiff submitted material and labor cost calculation statements for small-scale construction works such as this case, the final final determination is made according to the claim amount, unless the other party raises any objection that the quantity or labor cost would be erroneously compiled or that the cost and labor cost would be excessively unresumed compared to the market price. The materials supplied by the plaintiff are heavy.

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