(영문) 수원지방법원 2019.05.24 2018가단549455

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(영문) 수원지방법원 2019.05.24 2018가단549455

임대료등

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1. The Defendant shall pay to the Plaintiff KRW 30,721,215 and the interest rate of KRW 15% per annum from October 9, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. From October 14, 2016 to October 25, 2016, the Plaintiff leased temporary construction materials (hereinafter “instant materials”) on a total of five occasions at the site of construction works of two buildings (owner D, E, and hereinafter “each of the instant buildings”) on the ground of Gwangju City (hereinafter “instant construction works”) (hereinafter “instant construction works”), and received a partial return of the instant materials on two occasions on March 2017 and May 2017.

B. After completion of the instant construction, among each of the instant buildings, approval for use was granted from the Gwangju City Mayor, which is the competent authority, on March 14, 2018 for the building E on February 9, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. On October 10, 2016, the Plaintiff entered into a contract with the Defendant to lease the instant materials at the construction site of this case, and accordingly, leased the instant materials.

Accordingly, the defendant shall pay to the plaintiff the amount equivalent to KRW 20,625,715, and shall return all the materials of this case after completing the use thereof.

Nevertheless, in addition to paying KRW 2,100,000 to the Plaintiff as security deposit, the Defendant did not pay the remainder of KRW 18,525,715. Of the instant materials leased by the Plaintiff, the Defendant lost them without returning the materials equivalent to KRW 12,195,50.

Therefore, the defendant is obligated to pay the plaintiff the unpaid rent and pay damages equivalent to the value of the unclaimed materials.

B. The Defendant, on behalf of Defendant D and E, ordered the instant construction, and subcontracted the instant construction to F Co., Ltd. (hereinafter “F”) en bloc.

The Plaintiff entered into the instant material lease agreement with F accordingly, and leased the instant materials at the construction site of this case.

Therefore, the parties to the above contract.

유사 판례

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-부산지방법원 2016.04.21 2014가단24132