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(영문) 창원지방법원 마산지원 2017.04.27 2016가단105698
가설재 임대료 및 멸실료
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 22,561,731 and Defendant Viendi Construction Co., Ltd. on September 2016.

Reasons

1. Facts of recognition;

A. On August 2015, Defendant Viendi Construction Co., Ltd. (hereinafter “Defendant Viendi Construction”) was awarded a contract for reinforced concrete construction works (hereinafter “instant construction works”) from Daejeon University HRC extension works (hereinafter “Defendant Samyang Construction Industry”) from Defendant Samyang Construction Industry Co., Ltd. (hereinafter “Defendant Samyang Construction Industry”).

B. On September 15, 2015, Defendant Viendi Construction entered into a contract with the Plaintiff to lease system parcels at the construction site of the instant construction site (hereinafter “instant lease contract”) for the instant construction project. Accordingly, the Plaintiff leased system parcels at the construction site from September 15, 2015 to the said construction site.

C. On March 11, 2016, the Plaintiff, Defendant BND Construction, and Defendant Cyang Construction Industry entered into a direct payment agreement with the effect that “The Defendant Cyang Construction Industry shall confirm the rent specified in the tax invoice and pay the rent directly to the Plaintiff by the end of the following month until Defendant CND Construction returned materials pursuant to the instant lease agreement (hereinafter “instant direct payment agreement”).

Around May 2016, Defendant Vienna Construction entered into an agreement on the termination of the instant construction project with Defendant Samyang Construction Industry, and completed the instant construction project at the construction site of this case.

E. The Plaintiff leased the system so-called “the construction site of this case” by August 2016, and accordingly, on May 31, 2016, the Plaintiff issued a tax invoice of KRW 4,126,650 in the future of the Defendant Viendi Construction, KRW 9,55,612 in the future of the Defendant Samyang Construction Industry, KRW 9,555,612 in the future of the Defendant Samyang Construction, and KRW 8,879,469 in the future of the Defendant Viendi Construction, but the amount was not paid.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 to 4 evidence, Eul 1 to 3 evidence, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally paid the Plaintiff a total of KRW 22,561,731 (i.e., KRW 4,126,650, KRW 9,555,612, KRW 8,879,469) and the said amount.

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