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Reasons
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(영문) 수원지방법원 2018.06.12 2016가합78796
임료 등
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1. The Defendants jointly and severally committed against the Plaintiff KRW 242,048,539 and Defendant A Co., Ltd. from July 13, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company for the purpose of the building temporary materials leasing business, and Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company for the purpose of the building construction business.

B. On April 23, 2015, the Plaintiff and the Defendant Company entered into a contract under which the Plaintiff would lease the building snow materials to the Defendant Company (hereinafter “instant lease contract”) according to the order of the Defendant Company, and the Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff under the said lease contract on the same day.

Under the instant lease agreement, the Plaintiff and the Defendant Company agreed that the rent shall be calculated on the 25th day of each month and paid on the 20th day of the following month, and that the Defendant Company’s loss or actual construction cost shall be compensated with the sales price in the transaction statement 30 days or 60 days after the date of loss or loss, and that the Defendant Company shall pay 20 percent (20% (0%) interest per annum if the above rent or compensation remains late.

C. According to the order of the Defendant Company, from April 25, 2015 to December 20, 2015, the Plaintiff leased the construction snow to the new construction site of detached houses located in the Echeon-si, Echeon Logistics Center (hereinafter “Echeon-si”), and the rent of KRW 248,052,200 was incurred. From August 12, 2015 to March 20, 2016, the Plaintiff leased the construction snow at the new construction site of detached houses located in the Echeon-si, Echeon Logistics Center (hereinafter “Echeon-si”), which was performed by the Defendant Company, to rent KRW 152,871,505.

The value of new construction materials disposed of by the Plaintiff as losses or losses due to the Plaintiff’s failure to return among the new construction materials leased at the construction site from August 12, 2015 to March 20, 2016 is KRW 99,337,850.

E. From June 15, 2015 to April 29, 2016, Defendant Company paid the Plaintiff rent of KRW 258,213,016 under the instant lease agreement.

[Grounds for recognition] Where there are evidence Nos. 1, 2, 5 through 12, each number.

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