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(영문) 수원지방법원안산지원 2015.02.12 2014가합21929
건축가설재 임대료 청구
Text

1. The Defendant’s KRW 106,594,353 among the Plaintiff and KRW 25,620,00 among the Plaintiff, shall be KRW 80,974,353 from February 21, 2014.

Reasons

Facts of recognition

Around October 10, 2013, the increase of a limited liability company that has received a supply of construction works for the construction of a new marb B and C (hereinafter referred to as “increased”) from the Standing Development Co., Ltd. (hereinafter referred to as the “Mear Development”) awarded D a subcontract for the marb construction works among the new construction works (hereinafter referred to as “the instant construction works”).

D, however, without any relevant construction business license, is to obtain a loan from the Defendant under the name of the Defendant who operated a reinforced concrete construction business without any relevant construction business license. D received documents such as the Defendant’s employee reduction system, business registration certificate, construction business registration certificate, specialized construction business registration pocketbook, certificate of tax payment, local tax payment certificate, etc. (hereinafter “documents related to construction business license”) from the Defendant, and entered into a subcontract of the instant construction business under the name of the Defendant as of October 23, 2013.

D around October 2013, upon finding the Plaintiff’s business point, requested the Plaintiff to lease temporary materials, such as water pumps, necessary for the instant construction. During that process, the Plaintiff, who received the name printed from D, “Defendant Director D,” issued a written estimate for lease of the temporary materials to D on November 1, 2013, began to deposit KRW 5 million from D on the same day, and supply the temporary materials, such as water pumps, at the construction site of this case.

On November 6, 2013, the Plaintiff obtained a business registration certificate from the Defendant to confirm basic matters, such as the Defendant’s address and business registration number, and entered into a contract with the Defendant that the Plaintiff leases construction materials, such as oil pumps, etc., to the Defendant based on facsimile, and on the same day D affixed the seal of the Defendant’s employee on the above contract.

(hereinafter “instant contract”). At the time, D delivered documents related to the Defendant’s construction business license to the Plaintiff, and D as well as E, the actual owner of the rise, jointly and severally guaranteed the Defendant’s obligation to pay rent under the instant contract to the Plaintiff.

1. Field: F field for the development of records;

2. Contract amount: 5,620,000 won (excluding surtax) 3.

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