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(영문) 울산지방법원 2017.07.18 2017가단51268
임차료 지급청구
Text

1. The Defendant’s KRW 67,271,300 as well as 6% per annum from September 10, 2016 to February 6, 2017 to the Plaintiff.

Reasons

According to the evidence submitted by the Plaintiff, the Plaintiff’s person operating the business of leasing temporary materials necessary for the construction, the Defendant (formerly, referring to the Defendant: referring to the instant construction) as the person who constructed reinforced concrete construction (hereinafter “instant construction”) among the construction works prior to the Port B elementary school located in port B, and the Plaintiff and the Defendant entered into a lease agreement with respect to the said construction works on May 11, 2016, and the Plaintiff leased the said temporary materials, such as oil pumps, pipes, etc. to the Defendant; the amount in arrears is 67,271,30 of rent to the Plaintiff by June 2016; the Defendant’s on-site agent’s payment of the overdue rent to the Plaintiff by September 9, 2016 (Evidence No. 3).

According to the above facts, the defendant is obligated to pay the plaintiff the rent of 67,271,30 won in arrears and the damages for delay at each rate of 15% per annum under the Commercial Act from September 10, 2016 to February 6, 2017, the delivery date of a copy of the complaint in this case, from September 10, 2016 to February 6, 2017, and from the next day to the full payment date.

As the Defendant agreed on the Defendant’s debt owed by the Defendant in connection with the instant construction project, the Plaintiff may not claim rent in arrears to the Defendant. However, as long as there is no evidence to acknowledge that the said agreement was consented or approved by the Plaintiff, the Defendant still bears the obligation under the said contract for lease of temporary materials.

The defendant's argument is without merit.

Plaintiff

claim shall be accepted.

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