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(영문) 부산지방법원 동부지원 2018.10.31 2018가단207368
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 72,045,280 and the interest rate thereon from April 17, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in the business of leasing temporary materials with the trade name of “D”, Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation that is engaged in civil engineering and construction business, Defendant C is a inside director of Defendant B and the spouse of the representative director E of the said corporation, and is a person who actually operates Defendant B.

B. Defendant B, the owner of the instant construction project on the ground of five parcels, both F and 5 (hereinafter “instant construction project”), ordered G around October 2016, to undertake the instant construction project.

C. On October 31, 2016, G entered into a temporary re-lease agreement with the Plaintiff to receive necessary temporary materials at the instant construction site (hereinafter “instant lease agreement”). On the same day, G guaranteed the payment guarantee for the obligations owed by G under the instant lease agreement.

After that, G renounced the instant construction around December 2016, and the Defendants given the instant construction contract to H around January 2, 2017.

E. Around January 2017, H entered into a temporary re-lease agreement with the Plaintiff to succeed to the instant lease agreement (hereinafter “instant succession agreement”). The Defendants guaranteed the payment of the obligation owed by H under the instant succession agreement.

F. From November 2016 to December 27, 2017, the Plaintiff’s rent for the temporary materials supplied at the instant construction site from November 2016 to December 27, 2017 reaches KRW 72,045,280 (including freight and the cost of materials for loss).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the aforementioned KRW 72,045,280 as well as damages for delay calculated at the rate of 15% per annum from April 17, 2018 to the date of full payment, as the Plaintiff seeks.

The Defendants filed a civil petition with G at the wind to suspend the instant construction work.

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