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(영문) 의정부지방법원 2019.11.07 2019가단111950
사용료
Text

1. The Defendant shall pay to the Plaintiff, KRW 71,139,375, and the interest rate of KRW 12% per annum from May 1, 2019 to the date of complete payment.

Reasons

1. Indication of claim;

A. The Plaintiff is a company that operates construction materials leasing business, and the Defendant is a company that runs a steel-line container and other construction business.

B. The Plaintiff received a request from C to rent temporary materials at the construction site of the Gyeonggi-si Ethymp Co., Ltd. at the construction site of the Gyeonggi-si Ethyp Co., Ltd., and leased and supplied the said temporary materials at the construction site.

C. However, the above corporation discontinued the above construction around the end of July 2018, and the defendant continued the above construction on behalf of the above corporation C.

The defendant succeeded to and continued to use the temporary materials leased and supplied to C, and requested the plaintiff to supply additional temporary materials, and the plaintiff additionally leased and supplied the temporary materials at the above construction site.

E. From September 1, 2018 to April 22, 2019, the Defendant inflicted damage on KRW 128,998,703, which is the sum of KRW 52,793,972 and KRW 76,204,731 due to non-return of temporary materials. However, after the instant lawsuit was filed, the Defendant incurred damage on KRW 128,98,703, which is the sum of KRW 52,79,970.

5.16.16. The same year;

6. 8. Some of the temporary materials have been returned and thus partial damage has been restored.

F. The Plaintiff claims against the Defendant for the payment of the royalty and the total amount of damages incurred due to the failure to refund a part of the temporary materials due to the above temporary materials lease contract, and damages incurred therefrom.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

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