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(영문) 청주지방법원 2016.01.14 2015가단103197
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 61,932,552 and the interest rate of KRW 15% per annum from March 17, 2015 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The Defendant was awarded a contract for the new construction of the Kusan-dong 9-19 (tentative name) Sejong-do Office of Education in order by the Gyeonggi-do Office of Education, and the Plaintiff leased temporary materials, etc. to the E&T construction (tentative name) for the construction of the C&T 3 high school. 2) When the Plaintiff was unable to receive the rent for the temporary materials due to a default on payment, the Plaintiff’s temporary materials used with the Defendant on September 27, 2013 shall be used by the Defendant. The Defendant paid the Plaintiff rent of KRW 45,00,000 by October 31, 2013, and the Plaintiff agreed to pay rent of KRW 45,00,000 to the Plaintiff from November 1, 2013 to pay the normal rent and pay rent for the additional materials at the time of using the O&T 3 high school.

(hereinafter. (3) After that, the Plaintiff received KRW 24,60,000 out of the rent of KRW 45,00,000, which the Defendant agreed to pay by October 31, 2013 as above (hereinafter “instant agreement”). Meanwhile, from November 1, 2013 to February 28, 2014, the Plaintiff leased the temporary materials equivalent to KRW 54,861,648 at the construction site of the Defendant’s (tentative name) Sejong High School, the Plaintiff leased the temporary materials equivalent to KRW 54,861,648 at the construction site of the Dasan High School, and separately leased the temporary materials equivalent to KRW 11,570,904 from September 27, 2013 to February 28, 2014.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings

B. According to the above facts, the Defendant is obligated to pay KRW 20,400,000 payable out of KRW 45,000,000 agreed upon in the instant agreement (i.e., KRW 45,00,000 - KRW 24,60,000) and KRW 54,861,648, and KRW 648, and KRW 11,570,90,04 of the temporary rent at the construction site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the above (tentative name) from November 1, 2013 to February 28, 2014, the Defendant is obligated to pay the Plaintiff the said amount, as claimed by the Plaintiff.

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