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(영문) 수원지방법원평택지원 2012.05.17 2011가합3413
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 218,054,00 per annum from August 6, 201 to the day of complete payment.

Reasons

1. Judgment on the plaintiff's claim

A. The plaintiff asserts that, since the plaintiff leased the temporary materials to the defendant, the defendant is obligated to pay the rent for the above temporary materials and the expenses incurred for the loss of the above temporary materials.

B. In full view of the overall purport of the pleadings as to the testimony of the witness C, the Plaintiff entered into a lease agreement with the Defendant around September 12, 2010 on the lease between the Defendant and the site for the construction of the building site in the Gyeonggi-gu Down-gun, Gyeonggi-do, which the Defendant performed. From September 12, 2010 to June 20, 201, the Defendant leased the building site to the Defendant from September 12, 2010, but did not pay the rent of KRW 161,30,000, but the cost of the building site was 66,754,000, which was leased to the Defendant as above, up to KRW 66,754,00. According to the above facts, the Defendant is obligated to pay the Plaintiff the rent and the cost of the building site which was lost or destroyed (i.e., KRW 160,00, KRW 6005, KRW 2005, KRW 2005).

2. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 6, 2011 to the date of full payment, which is obvious that the original copy of the instant payment order was served on the Defendant, as the Plaintiff seeks.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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