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(영문) 수원지방법원 안양지원 2018.08.09 2017가단104086
물품대금
Text

1. The Defendant’s KRW 8,733,650 as well as the Plaintiff’s annual rate of KRW 6% from March 3, 2017 to August 9, 2018.

Reasons

1. Basic facts - The Defendant was re-subcontracted from D Co., Ltd. (hereinafter “D”) for steel bars and concrete works among the new construction works for the ground lodging facilities in Gangwon Yangyang-gun C.

From April 23, 2015 to July 23, 2015, the Plaintiff entered into a contract for the lease of building materials (hereinafter “instant lease agreement”) with the Defendant by setting the rental period from April 23, 2015 to July 23, 2015 as the rent of KRW 22 million (including value-added tax), and the Plaintiff supplied steel and wood for separate account.

After that, the Plaintiff leased the temporary materials indicated in the attached specification of transactions (lease) to the Defendant, and supplied each of them to the Defendant at KRW 5,182,100, and KRW 1,551,550, around May 2015.

The Plaintiff received a total of KRW 20 million from the Defendant and D with the rent, etc. under the instant lease agreement, each of which is KRW 10 million.

On the other hand, the defendant suspended construction from the end of June 2015, prepared a written waiver of construction work on July 2, 2005, and left the construction site.

[Reasons for Recognition] Facts without dispute, Gap1-3, 7 evidence, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts of recognition of temporary materials rent and the price for steel products, the Defendant is obligated to pay to the Plaintiff KRW 8,733,650 (i.e., rent of KRW 22 million for household materials KRW 5,182,100 for household goods - KRW 1,551,550 for household goods - the amount of KRW 20 million received by the Plaintiff - the amount of KRW 20 million after the delivery of a copy of the instant complaint from March 3, 2017 until August 9, 2018, which is the date of the instant sentencing, to pay the Plaintiff damages for delay calculated at each rate of 6% per annum as stipulated in the Commercial Act and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the date of full payment.

As to this, the defendant asserts that the defendant renounced the construction and took over the above temporary materials rent and the debt for the purchase of hardware at the construction site D is exempted from liability.

On July 31, 2015, the Plaintiff was above.

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