(영문) 광주지방법원순천지원 2016.05.13 2015가단74293

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(영문) 광주지방법원순천지원 2016.05.13 2015가단74293

임대료 등

Text

1. The Defendant: (a) KRW 164,805,456 for the Plaintiff and KRW 5% per annum from July 14, 2015 to May 13, 2016; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 2014, the Plaintiff entered into a contract on the lease of building materials (hereinafter “instant lease contract”) with C, who subcontracted the instant construction work of reinforced concrete (hereinafter “instant construction work”), among the “B-built construction works” by the Defendant, and the Defendant’s on-site agent (hereinafter “instant lease contract”) entered into a guarantee contract with C as to the Plaintiff’s obligation to pay rent, etc. for the Plaintiff on the same day:

The unit price of a building horizontal rent and the daily rental price net price shall be the price entered in the lease contract and the delivery certificate in the list of actual prices.

B(C) At the time of receipt of leased goods, the quantity and damaged matters shall be confirmed, and at the time of return to the Plaintiff, the amount shall be immediately compensated and the damaged quantity shall be confirmed by the price determined by the Party A when the damage to the Plaintiff is incurred due to the loss, alteration, damage, or any other accident, and if the quantity of the leased goods is unknown or refused for at least two days, the amount determined by the Party A shall be repaid in the quantity identified by the Party A.

B promises to implement the same as this Agreement, and if it violates the Agreement, it is civil and criminal liability.

The guarantor shall be liable for civil and criminal liability for the materials (goods) and rents shipped out to the same site.

B. Under the instant lease agreement, the Plaintiff withdrawn the portion of the claim for value-added tax on the materials destroyed by the delivery of a preparatory document as of April 1, 2016 (the Plaintiff’s total amount of value-added tax 3,168,960 won) and the Defendant paid KRW 150,353,00 among them.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 3, 4, 6, 7, 9, 10 (including additional numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant shall enter into the lease contract of this case.

유사 판례

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