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(영문) 수원지방법원 2016.04.28 2015가단60746
임대료
Text

1. The Defendant’s KRW 50,520,00 for the Plaintiff and 6% per annum from November 6, 2015 to April 28, 2016.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) Upon the Defendant’s request, the Plaintiff leased the board, which is a temporary site for construction, to the Defendant as indicated below. From May 2014 to October 150, 2014, the unit rent for the construction site of KRW 15,000 to September 2014, the Plaintiff prepared a certificate of acceptance for each of the above temporary sites upon receipt of the Defendant’s order from January 2015 to September 530, 2015, and issued the certificate of acceptance to the Plaintiff when the Plaintiff supplied the above temporary site of KRW 42,40,000 to September 2015 to September 416, 2015.

3) The Defendant paid the Plaintiff KRW 36,00,000 out of the above rent. [Grounds for recognition] The fact that there is no dispute, Gap 1, 3, and 4-6 evidence (which has a serial number) and the purport of the entire pleadings.

B. According to the facts found above, the defendant is obligated to pay 50,520,000 won unpaid to the plaintiff (=total rent of KRW 86,520,000 - paid KRW 36,000,000) and damages for delay.

2. The defendant's assertion argues that the two original co-ownership corporations (hereinafter "dual co-ownership") leased temporary materials from the plaintiff, and the defendant is a worker at the construction site executed by the above company, and therefore the plaintiff should seek rent payment.

In full view of the following facts: (a) it is insufficient to recognize the Defendant’s assertion by each description of evidence Nos. 1 through 5, and (b) it is reasonable to deem that the Defendant leased temporary materials from the Plaintiff, in full view of the fact that the Defendant was a lessee at the time of leasing the temporary materials from the Plaintiff; (c) the Defendant remitted part of the rent to the Plaintiff’s account in its name; and (d) D, working with the Defendant or the Defendant at each construction site, prepared a certificate of acquisition of the temporary materials.

3. If so, the defendant is to conclude that the plaintiff is 50,520.

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