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(영문) 서울동부지방법원 2015.05.27 2014가단15850
임대자재 손망실료
Text

1. The Defendant’s KRW 32,048,950 for the Plaintiff and 5% per annum from February 18, 2014 to May 27, 2015.

Reasons

1. The following facts do not conflict between the parties, or each of the statements in Gap evidence Nos. 2, 8, 9, 3-1 through 20, 4-1 through 12, 5-1 through 35, Eul evidence Nos. 1, 8, 9-1 and 35, and Eul evidence Nos. 3 through 5, 7, 10, 12, 6-1, 2, and 11-1 through 3 are found to be insufficient to reverse the above recognition, and there is no other counter-proof.

Around December 17, 2012, the Defendant was awarded a subcontract for the new construction of a bus terminal in the Asia-si L, Inc.

B. On January 7, 2013, the Plaintiff entered into a temporary re-lease agreement (hereinafter “instant lease agreement”) with the Defendant on the condition that the Plaintiff would lease the building temporary materials at the said construction site. The general terms and conditions of the lease agreement included in the instant lease agreement included the following.

[Attachment 1] The prohibition of transfer of rights under Article 4 of the General Terms of the Lease Agreement (the plaintiff) and the defendant (the defendant) may not transfer to a third party all rights and obligations arising from this Agreement in any way.

Provided, That the transfer may be made where the approval of A or B is obtained in advance.

Article 5 In the event that B returns leased articles to A, A shall deliver a certificate of receipt to B.

(v) within seven (7) days of the arrival of the returned leased items, A shall be informed to B. If A neglects this, the leased items shall be considered to have been delivered to A in the quantity indicated in the invoice, and B shall not be liable thereafter.

⑹ 반환할 때 을은 다른 물건과 대체 반환할 수 없다.

However, this provision shall not apply where A is recognized.

Article 8 Section 8.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.11.11.

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