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(영문) 수원지방법원 2016.11.24 2016가단38395
사용료
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 139,570,255 as well as the interest rate from November 8, 2016 to the full payment.

Reasons

On September 7, 2015, the Plaintiff entered into the instant construction temporary re-lease agreement with Defendant A to lease construction temporary materials at the construction site Kimpo-si, Kimpo-si. Defendant B jointly and severally guaranteed the Defendant’s obligation under the instant temporary re-lease agreement. Defendant A does not pay the total of KRW 90,60,755 (=13,178,000 + 11,82,000 + 11,23,755,00 + 96,00 + 463,00 + 863,00 + 005,00 + 863,000 +3,000 +3,000 +3,003,43,003,403,5030,504,5030,430,404,530,306,30,000) as of each of the parties’ respective arguments and arguments, and the aggregate of the construction temporary re-lease agreement is not paid.

In accordance with the above facts, the defendants, who are lessees and their joint and several sureties under the temporary re-lease agreement of this case, are obligated to pay to the plaintiff interest in arrears calculated at the rate of 15% per annum from November 8, 2016, which is the day following the date when the application for modification of the purport of the claim of this case and the application for modification of the cause of claim of this case was served to the defendants, as requested by the plaintiff, from November 8, 2016 to the day when they are fully paid.

However, the plaintiff sought payment of KRW 139,570,275, which is more than the above quoted amount, but it is not acceptable to view it as an obvious error.

As to this, Defendant A returned all the temporary materials leased from the Plaintiff, it is impossible to recognize the loss fee, and the usage fee was set too high, and Defendant A was unable to comply with the Plaintiff’s claim because it did not receive the payment of the construction cost from the owner. However, this assertion is contrary to the facts acknowledged earlier, or the Plaintiff’s claim is rejected.

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