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(영문) 서울동부지방법원 2015.12.02 2015가단1124
가설재 임대료
Text

1. The Defendant: (a) KRW 30,760,000 for the Plaintiff and KRW 20% per annum from January 22, 2015 to September 30, 2015; and (b) for the Plaintiff.

Reasons

1. The fact that the Defendant was awarded a subcontract for reinforced concrete construction works among the new construction works of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government neighborhood living facilities (hereinafter “instant construction works”), and the Plaintiff was granted a subcontract between D and D, who was the Defendant’s agent on August 20, 2014, and the period between August 20, 2014 and January 10, 2015, the Plaintiff was KRW 35,760,000,000 in the rent and KRW 5 million in the contract, and the intermediate payment is KRW 2,00,000 in the rent and KRW 1,076,00 in the remainder of the rent and KRW 1,00 in the rent and KRW 30,000 in the entire rent and KRW 5,00 in the rent and KRW 5,000 in the rent and KRW 105,000 in the rent and KRW 301,000 in the title of the instant construction works (hereinafter “the lease”).

2. Determination

A. The plaintiff asserts that D entered into the lease of this case as the representative of the defendant, and the defendant merely awarded E or D the right of representation to conclude the lease of this case under the name of the defendant, and the plaintiff concluded the lease of this case with D who is only E or his/her agent, and therefore, the defendant does not have the obligation to pay the lease of this case as the lease of this case.

B. We examine the following circumstances, which are acknowledged as comprehensive consideration of Gap evidence Nos. 3 through 8, Eul evidence Nos. 3 and 6, witness D, F, and E’s testimony, namely, Eul, who was registered as the defendant’s internal director at the time of the instant construction, directly or by delegation of authority to D, shall be the materials, equipment, and human resources of the instant construction.

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