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(영문) 대구지방법원서부지원 2016.05.18 2015가단4867
가설자재임대료등
Text

1. The Defendant Chang Name Co., Ltd.: KRW 48,093,341 and its title from October 15, 2014 to April 24, 2015 to the Plaintiff.

Reasons

【Judgment on Chang Name Co., Ltd.】

1. Grounds for judgment: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act (a judgment deemed as a confession);

2. The description of the claim: The purport of the claim is as seen earlier, and the cause of the claim is the rent for, and the cost of, the temporary materials leased by the Plaintiff to the Defendant Chang Name Co., Ltd. (hereinafter “Defendant Chang Name”) in September 2014. 【Judgment on the Plaintiff and Defendant Tae Sung-sung Co., Ltd.】

1. Facts of recognition;

A. On September 15, 2014, the Plaintiff entered into a lease agreement with the Defendant creative name and the creative name participating in the construction of the Taecheon ecological duct (hereinafter collectively referred to as “the instant temporary materials”) on the condition that the Plaintiff leases water pumps, meritorious plates, pipes, etc. and is paid in cash within 15 days from the end of each month (hereinafter referred to as “the lease agreement for the permanent materials”).

B. At the time, Defendant Taesung Co., Ltd. (hereinafter “Defendant Taesung”) jointly and severally guaranteed the obligation to the Plaintiff with respect to a lease agreement for temporary materials.

C. Defendant Chang Name leased and used the instant temporary materials, but did not pay usage fees at all. On December 31, 2014 and January 6, 2015, the Plaintiff was at least 19,849,691 won in total from September 2014 to December 2, 2015 and notified the Defendants of the reduction of the legal process.

The temporary materials of this case shall be demanded to be immediately returned and the temporary materials of this case shall not be used any more at the site.

“The content-certified mail” was sent, and the above content-certified mail was sent to the Defendants around that time.

Even after this, the temporary materials of this case were not returned, and all were recovered from the Plaintiff on August 24, 2015.

E. Unpaid usage fees and loss charges at the time of collection by the Plaintiff.

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