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(영문) 대전지방법원 2018.11.16 2017가단28709
가설재임대료
Text

1. The Defendant’s KRW 49,296,384 as well as the Plaintiff’s KRW 6% per annum from January 27, 2018 to February 5, 2018.

Reasons

1. Basic facts

A. The plaintiff is a company whose purpose is to lease temporary materials, and the defendant is an engineering work company, etc.

B. On April 7, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the lease of temporary materials to the E site located in Daegu Dong-gu (hereinafter “instant lease agreement”), and the Defendant used the temporary materials leased from the Plaintiff until January 25, 2018.

C. As of January 25, 2018, a temporary site rent is KRW 52,589,284 in total ( KRW 49,523,660 from April 7, 2017 to November 30, 2017) and KRW 3,065,624 from December 1, 2017 to January 25, 2018. Of them, KRW 12,320,000 is deposited from the Defendant to the Plaintiff on June 8, 2017, and the balance is KRW 40,269,284.

On the other hand, on January 26, 2018, the loss of the temporary materials lost as a result of the final settlement is KRW 9,027,100.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts as to the plaintiff's cause of action, the defendant is obligated to pay to the plaintiff 49,296,384 won (40,269,284 won 9,027,100 won) and damages for delay at each rate of 15% per annum from January 27, 2018 to January 30, 2018, which is the service date of the application for modification of claim and cause of claim, from January 30, 2018.

3. As to the Defendant’s assertion, the Defendant concluded a construction contract with G and reinforced concrete building with a contract from F Co., Ltd. for the above construction site, and G prepared and remitted the instant lease contract under the name of the Defendant, and the Defendant was not present at the time of the preparation of the said contract, and was unaware of the Plaintiff, and thus, the Plaintiff’s claim cannot be complied with.

First, there is no evidence to acknowledge whether the Defendant entered into a false construction contract between G and G as alleged.

The defendant is not present at one time on the date of pleading of this case and is accompanied by a written answer.

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