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(영문) 서울남부지방법원 2016.01.28 2015가단39665
사용료
Text

1. The Defendant’s KRW 20,295,00 for the Plaintiff and KRW 6% per annum from August 12, 2015 to January 28, 2016.

Reasons

According to the purport of Gap evidence No. 1 and all pleadings, on April 8, 2014, the plaintiff leased temporary materials necessary for steel framed construction at the construction site of Eunpyeong-gu Seoul, Seoul, to non-party B in 1,8450,000 won (excluding value-added tax). On the same day, the defendant guaranteed the defendant's obligation to pay the user fee to the plaintiff in the same day, and the fact that Eul did not pay the user fee even after the period of use of the temporary materials at the construction site was terminated, and

Therefore, as a joint and several surety, the Defendant is obliged to pay the Plaintiff the price of 20,295,000 won for temporary materials (=1,8450,000 x 1.1) and damages for delay.

Furthermore, the Plaintiff alleged that the Defendant should additionally pay KRW 1,705,00 as compensation for damages, since the Plaintiff did not return the portion of 3 vehicles of the temporary installation, but the statement of No. 2 alone is insufficient to recognize such fact, and there is no other evidence to prove otherwise.

Therefore, it is reasonable for the Defendant to dispute the existence and scope of the Defendant’s performance obligation from August 12, 2015, following the day after the date of repayment of KRW 20,295,000 to the Plaintiff as a copy of the instant complaint, as sought by the Plaintiff. As such, the Defendant is obliged to pay damages for delay calculated at the rate of 6% per annum prescribed in the Commercial Act until January 28, 2016, and 15% per annum prescribed in the Act on Promotion, etc. of Legal Proceedings, which is the date of the instant judgment, from the next day until the date of full payment.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

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