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(영문) 울산지방법원 2018.05.30 2017가합1581
임대료 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 42,981,530 as well as its annual interest from December 5, 2017 to May 30, 2018.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in civil engineering, construction business, housing construction business, etc., and Defendant C is a person working as the head of the field office of the Defendant Company.

B. Around February 27, 2017, Defendant Company was awarded a contract for the E rehabilitation hall renovation work promoted by D as a social welfare foundation (hereinafter “instant construction work”), and suspended the construction work on September 29, 2017 while the construction was commenced on April 3, 2017.

C. Around June 21, 2017, the Plaintiff entered into a contract with the Defendant Company to lease the building materials owned by the Plaintiff, such as short pipes, washing pipes, and connected pin with the instant construction site (hereinafter referred to as “instant rental contract”) with the business entity engaging in the business of leasing the building materials in the name of F, and supplied the said building materials at the instant construction site around that time.

Defendant Company did not pay KRW 8,923,970 for construction materials from July 1, 2017 to July 31, 2017, and KRW 26,400,020 for construction materials from August 1, 2017 to October 9, 2017.

E. Meanwhile, from November 1, 2017 after the discontinuance of the Defendant Company’s construction work, the Defendant Company continued the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, and 8 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff supplied the building materials from July 1, 2017 to the instant construction site in accordance with the instant lease agreement, but the Defendant Company did not pay rent for the building materials until the instant lawsuit was filed, and the Plaintiff returned the remainder of the building materials to the Plaintiff through the instant comprehensive construction project on January 24, 2018, but was destroyed.

On the other hand, Defendant C signed at the lower end of the construction materials delivery, and directly signed some of the construction materials rent.

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