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(영문) 수원지방법원안산지원 2017.05.25 2016가합1066
건설자재 임료 등
Text

1. The Defendant is based on each construction cost stated in the separate sheet No. 201,882,060 and the separate construction cost stated in the separate sheet No. 1 and No. 4 from July 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person running the business of leasing and selling snow as a trade name “B,” and the Defendant is a construction company that is performing construction works in the Seo-gu Incheon Metropolitan City.

B. On January 11, 2016, the Plaintiff agreed to be paid the Defendant the additional rent (i.e., the quantity of delivery x the unit price x the additional period) upon setting the lease period from January 12, 2016 to April 30, 2016, with the rent of KRW 125 million (excluding value-added tax) as the lease period from January 12, 2016 to April 30, 2016.

The defendant paid 15 million won down payment to the plaintiff on the same day.

The plaintiff transported each construction temporary materials listed in the attached Table 1 to the above construction site at the defendant's expense, and the relevant transportation expenses are as listed in attached Table 5.

C. From January 12, 2016 to April 28, 2016, the Plaintiff sold each timber listed in the separate sheet No. 3 to the Defendant as indicated in the same list No. 3. D.

From January 15, 2016 to June 26, 2016, the Plaintiff additionally leased each of the construction costs stated in the attached Table 4 to the Defendant.

(hereinafter referred to as “second lease”). (e)

The monthly additional rent after the lease period for each construction temporary rental leased by the Plaintiff pursuant to the first lease shall be as specified in attached Table 2.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including the relevant branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, as of June 30, 2016, the Defendant: (a) as of June 30, 2016, KRW 1100 million for the remainder of the rent for the lease No. 1 (i.e., total rent of KRW 125 million - KRW 15 million); (b) additional rent of KRW 77,727,060 for May and June for the lease No. 1 (i.e., monthly additional rent of KRW 38,863,530 x 2 months); (c) sales proceeds of timber; (d) KRW 3,480,00 for the second lease; and (e) KRW 3,925,00 for the transportation charges for the lease No. 1; and (e) KRW 201,82,060 for the total rent of KRW 20 for the lease; and (e) below.

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