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(영문) 서울동부지방법원 2015.01.15 2013가단63739
멸실료 및 제작비
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 3, 2014 to January 15, 2015.

Reasons

1. Facts of recognition;

A. On January 2013, the Plaintiff Company, an enterprise leasing temporary materials, such as aluminium pumps, entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Company (hereinafter “instant construction”) that was subcontracted with the construction of the structural complex located in the Jung-gu Seoul Special Metropolitan City, the total rent of which is KRW 229,680,00 (including value-added tax) with the Defendant Company that was subcontracted with the construction of the structural complex located in the Yellow-gu, Jung-gu, Seoul Special Metropolitan City (hereinafter “instant construction”). The lease agreement provides that the Plaintiff Company shall lease the temporary materials, such as aluminium pumps, to the Defendant Company (hereinafter “instant lease agreement”). In the event the supplied temporary materials are not returned and destroyed, the Defendant Company’s unit price for the cost of destruction, which is set for each type and specification of the temporary materials, is attached.

B. The Plaintiff Company supplied various temporary materials at the instant construction site in accordance with the instant lease agreement between January 31, 2013 and March 29, 2013.

C. At the beginning of April 2014, Defendant Company: (a) removed the instant construction site after consultation with the Plaintiff Company; and (b) accordingly, the Defendant Company directly performed the instant construction works performed using the temporary materials supplied by the Plaintiff Company; and (c) completed the instant construction around October 2013.

Meanwhile, on February 19, 2013, E&C agreed with the Plaintiff Company to pay rent under the instant lease agreement directly to the Plaintiff Company. Accordingly, the Plaintiff Company paid rent under the instant lease agreement between around that time and October 2013.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, testimony of witness A, purport of whole pleadings]

2. The assertion;

A. (1) Part of the temporary materials supplied by the Plaintiff Company to the Defendant Company pursuant to the instant lease agreement was not returned, and the unit price stipulated in the instant lease agreement is the unit price.

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