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(영문) 대전지방법원 2015.12.02 2015가합315
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found in full view of each description of Gap evidence 1 to 10 (if there are serial numbers, including each number; hereinafter the same shall apply) and part of the witness B, the witness C and D's testimony and the whole purport of the pleadings:

On November 1, 2013, the Plaintiff: (a) leased temporary materials to be used at the construction site of G in Daejeon-gu, Daejeon-gu, with the total rent of KRW 56,615,00 (the rent of KRW 67,00 per annum 67,000 x 845 x the separate rental period of value-added tax); and (b) on January 30, 2014, the Plaintiff agreed to compensate the Plaintiff for the loss or loss of the leased snow at the prescribed loss price; and (c) if the said rental period is not complied with, the Plaintiff shall additionally pay the rental fee of the daily unit price to the Plaintiff.

B. In addition, on February 4, 2014, the Plaintiff leased temporary materials to be used at the site of H new construction works in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, for the total rent of KRW 268,450,00 ( KRW 65,00 per square year x KRW 4,130, separate value-added tax), and for the lease period of June 30, 2014, and entered into an additional agreement with the same content as the foregoing paragraph.

C. E concluded a debt repayment contract with the effect that only a part of the above rent was paid to the Plaintiff or used the temporary materials exceeding the above rental period, and partly incurred the above temporary materials leased from the Plaintiff, and that the Plaintiff was liable for the payment of unpaid rent, additional rent, and indemnity for temporary materials. On January 16, 2015, the Plaintiff and the Plaintiff were liable for the payment of the said amount of each of the above obligations as KRW 400 million, and the KRW 100 million among them was paid until January 23, 2015, and the remaining KRW 300 million was paid until February 27, 2015.

On the other hand, at the time of the above temporary re-lease contract, E’s representative director B, among the above temporary re-lease contract (Evidence A 1 and 2), shall be a rubberer whose name of the defendant and the name of the representative director are distorted in the column of joint and several sureties E, a lessee, and the defendant.

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