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(영문) 수원지방법원 2018.11.13 2017가합2697
물품대금 및 임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 331,086,50 and the interest rate of KRW 15% per annum from October 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is running a construction business with the trade name of “C”, and the Defendant runs a construction business with the trade name of “D”.

B. On September 20, 2016, the Defendant was awarded a contract with the Korea Urban Development Corporation (hereinafter “Korea Urban Development Corporation”) for the Housing Construction Project, etc. (hereinafter “instant construction project”) on the land outside and outside 29 lots E (hereinafter “instant construction site”).

C. On September 22, 2016, the Plaintiff and the Defendant concluded a contract with the Defendant to lease necessary construction provisional materials at the instant construction site (hereinafter “instant lease contract”) as ordered by the Defendant, and the Plaintiff leased the construction provisional materials worth KRW 168,469,50 to the Defendant from that time until December 20, 2016 (hereinafter “instant construction provisional materials”).

The Defendant failed to pay the rent for the construction of the instant building site to the Plaintiff, and the unpaid rent of KRW 162,617,00 as of September 30, 2017 was transferred to KRW 162,617,00. Accordingly, the Plaintiff asserted that the instant lease contract was terminated due to the Defendant’s failure to pay the rent, and filed the instant lawsuit.

[Ground of recognition] Gap evidence Nos. 1 through 4 (including each number, if any; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. According to the above facts of recognition, it is reasonable to view that the plaintiff expressed his/her intent to terminate the lease contract of this case on the grounds that the defendant did not pay rent, and therefore, the lease contract of this case was lawfully terminated upon arrival of the copy of the complaint of this case stating the plaintiff's intent to terminate the lease contract of this case to the defendant.

Therefore, the Defendant is obligated to return the instant building temporary materials to the Plaintiff and pay the unpaid rent of KRW 162,617,00 to September 30, 2017 for the building temporary materials.

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