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(영문) 청주지방법원 2015.10.07 2015가단100976
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,102,522 as well as 5% per annum from February 25, 2015 to October 7, 2015.

Reasons

1. On March 5, 2014, the Plaintiff entered into a contract for construction materials lease with Defendant Hoju Construction Co., Ltd. (hereinafter “Defendant Hoju Construction”), and leased construction materials, such as water pumps, to the site of “Yannam-dong Urban Residential Housing Construction Project” located in Seosan-dong 45-3, Seosan-dong, Seonam-dong, Yan-dong, in order to implement construction works by Defendant Seocheon Construction Co., Ltd. (hereinafter “Defendant Seocheon Construction”).

Under the above lease agreement, Defendant Bocheon Construction shall pay the Plaintiff the cost of loss due to the rent and the loss of materials incurred pursuant to the above lease agreement, and Defendant Bocheon Construction jointly and severally guaranteed the obligation of Defendant Bocheon Construction to the Plaintiff.

The rent, loss fee, etc. incurred during the said lease period is KRW 79,773,327, and KRW 19,670,805 of this period (the construction of the principal household on May 5, 2014; KRW 10 million on August 4, 2014; KRW 5 million on August 20, 2014; KRW 18,000 on May 18, 2014; KRW 652,805 on September 1, 2014, etc.) was paid to the Plaintiff.

On June 5, 2014, a written confirmation of direct payment of subcontract consideration was drawn up between the Plaintiff and the Defendants. The content that Defendant Bocheon General Construction would pay to the Plaintiff the purchase price of construction materials, rents, network loss charges, etc. claimed by the Plaintiff against Defendant Bocheon Construction, is 36,264,654 won as stated in the written confirmation.

The above certification is required by the plaintiff to prepare a draft of a written statement of payment and to the defendants. The standard amount is the price that occurred until April 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, 5, 6, Eul evidence 1 and 4, the purport of the whole pleadings

2. The assertion and determination of the comprehensive construction of defendantcheon-gu

A. The assertion that the construction of Defendantcheon District was based on a special agreement that imposes liability on Defendantcheon District Construction within the scope of the details of the purchase confirmed by Defendantcheon District Construction. Since the Plaintiff entered and withdrawn without obtaining confirmation from Defendantcheon District Construction, the Plaintiff’s entry and departure are in part.

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