(영문) 창원지방법원진주지원 2016.11.04 2016가단1164

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원진주지원 2016.11.04 2016가단1164

사용료 등

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 35,490,316 and the interest rate thereon from August 18, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who leases construction materials under the trade name of “D”.

B. Around December 2014, the Plaintiff entered into a contract with Defendant B on the lease of construction materials to Defendant B at the “F gate Corporation site” located in Gyeongnam-gun E (hereinafter “instant construction site”) and Defendant C jointly and severally guaranteed the Defendant B’s obligation under the said contract against the Plaintiff.

(hereinafter “instant contract”). C.

According to the instant contract, the Plaintiff leased construction materials to the instant construction site. As of October 31, 2015, the Plaintiff leased the construction materials worth KRW 42,331,516 as of October 31, 2015, and the Plaintiff was paid KRW 11,00,000 out of the said money.

In addition, 35,490,316 won (31,331,516 won), total of 4,158,800 won for construction materials lost at the site of this case, was not paid.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 35,490,316, including building materials rents, etc. under the instant contract, and damages for delay calculated at the rate of 15% per annum from August 18, 2016 to the date of full payment, which is the day following the last delivery by the instant complaint to the Defendants.

3. Judgment on the defendants' assertion

A. As to Defendant B’s assertion, Defendant B suspended and deserted the construction while performing the structural construction at the site of the instant construction, and the owner leased the Plaintiff’s material while continuing the construction, it asserts that Defendant B is not liable for the rent of the construction material after leaving the site of this case.

Defendant B discontinued the construction work at the site of the instant construction work.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-대구지방법원 2015.08.28 2014가합3928

-울산지방법원 2018.05.30 2017가합1581

-수원지방법원 2015.05.15 2014나29435

-대구지방법원서부지원 2020.08.12 2019가단4933

-서울남부지방법원 2015.12.10 2015나5489