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(영문) 인천지방법원 2018.12.12 2017가단240310
임대료
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 78,432,489 and a rate of 15% per annum from May 2, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of leasing, manufacturing, wholesale and retail business of building temporary materials, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is the contractor of the construction of another canal system that is conducted at the D site in Chungcheongnamnam-si, Chungcheongnam-si (hereinafter “instant construction”), and Defendant C is engaged in the construction business under the trade name “E”.

B. On April 6, 2017, Defendant C was awarded a subcontract for reinforced concrete construction works among the instant construction works by the Defendant B during the contract period of KRW 1,210,000,000 (including value-added tax) and the construction period from April 20, 2017 to July 20, 2017.

C. Defendant C concluded a contract to re-subcontract part of the above reinforced concrete construction works to another business entity. On April 2017, the Plaintiff entered into a contract with F Co., Ltd. (hereinafter “F”) for temporary re-subcontracting (hereinafter “the instant lease contract”) to be used at the construction site of this case as follows, and Defendant C signed and sealed the contract as a joint guarantor of F.

A: Plaintiff : F

1. Contract amount: Application of the rental fee plus the estimate to be attached according to the input quantity to the unit price contract;

2. Contract period: From the date of shipment to the date of completion of return;

3. Payment method: Cash settlement at the end of the following month; and

4. Use and reduction of, or compensation for, leased goods: In principle, B shall be used at the place of the first supply by, A, and B shall not move goods into another place without a written permission by, A;

Where it is impossible to repair the damaged goods at the time of the completion of use, the discarded goods shall be disposed of, and where there is any damaged quantity, the same kind of goods shall be returned to A or the unit price for loss shall be paid in cash

5. With respect to any goods other than the terms and conditions of the contract, an increase or decrease shall be settled by the order sheet of B and the delivery note of A, and the rent for the additional leased goods not entered shall be applied to the standard unit price determined by A and the repair cost and the loss shall be monthly.

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