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(영문) 춘천지방법원 2018.01.30 2017가단929
임대료 등
Text

1. The Defendant shall pay to the Plaintiff KRW 129,360,508 and the interest rate of KRW 15% per annum from February 22, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. B was awarded a subcontract for the structural construction among the new construction works for multi-household housing on the ground of Gyeonggi-gun C, the owner of the building (hereinafter “instant construction”).

B. On July 28, 2015, B entered into a contract with the Plaintiff and the Plaintiff with respect to temporary materials, such as pipes, from July 28, 2015 to September 30, 2015, and rent of KRW 79,90,00 (excluding value-added tax, KRW 85,00 per square year, x 940 square meters) (the payment of KRW 39,550,00 on August 31, 2015, KRW 39,9550,00 on September 30, 2015), the user fee of the leased materials generated after the expiration of the contract shall be calculated as one day, and the user fee of the leased materials shall be calculated as a separate calculation at the time of the destruction of the leased materials, and the Defendant and the Defendant’s husband D jointly and severally guaranteed the said obligation (hereinafter “instant lease”).

C. Accordingly, from July 28, 2015 to September 11, 2015, the Plaintiff supplied B with temporary materials, such as pipes, equivalent to KRW 79.9 million at the construction site of the instant construction site, and additionally supplied 170,000,000,000 to September 6, 2015.

Since then, in order to waive the instant construction in the middle of the construction and to continue the construction by succeeding to E and F (hereinafter “E”), E entered into an agreement with the Plaintiff on March 16, 2016, with the following terms and conditions attached to the instant lease agreement (hereinafter “instant agreement”), and B continued to use the said temporary materials leased by B, while performing the instant construction.

1) E pays to a lessor a rent of KRW 79 million under the instant lease agreement and a rent of KRW 50,100,000,000 for an additional rent of KRW 50,000 (excluding value-added tax) incurred or to be incurred from September 30, 2015 to June 30, 2016, which is the expiration date of the lease period, and KRW 130,000,000,000 out of the said money shall be paid to the lessor in cash, and KRW 40,000,000,000,000 for the remainder of the said money shall be paid in cash as of May 30, 2016. 2) E is a lessee of the instant lease agreement.

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