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(영문) 인천지방법원 2015.01.30 2014가합9607
가설재임대료 및 판매대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 63,267,273 and Defendant B, Inc., as from October 11, 2014.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

(1) On November 2013, 2013, the Plaintiff’s Intervenor’s Intervenor’s supplementary intervenor’s construction of reinforced concrete (hereinafter “instant construction”) among the construction of weddings, distribution, and complex facilities in the Republic of Korea (hereinafter “instant construction”).

(2) On October 5, 2013, the Plaintiff entered into a temporary re-lease agreement to be used for the instant construction project with Defendant B (hereinafter “instant lease agreement”) and Defendant C jointly and severally guaranteed the obligation under the instant lease agreement with Defendant B.

3) On April 29, 2014, Defendant B prepared and submitted to the Intervenor’s Intervenor’s Intervenor a written statement of direct refusal to pay 181,200,000 won for the remaining period of the construction of this case to be paid by the Plaintiff’s Intervenor to Defendant B (hereinafter “instant direct refusal agreement”) to Defendant B’s subcontractor for the direct payment of the subcontract price (hereinafter “instant direct payment agreement”).

(4) On May 9, 2014, Defendant B renounced the instant construction work on May 7, 2014, Defendant B transferred KRW 63,267,273 to the Plaintiff (hereinafter “transfer of claims”) out of the instant construction cost claims against the Intervenor joining the Plaintiff, and notified the Plaintiff’s Intervenor.

[Ground of recognition] Facts without dispute, Gap's statements of 1 to 8, Eul's evidence of 1 and 3 (including the number of each branch); the purport of the whole pleadings

B. According to the above facts of determination, the unpaid materials rent for the Plaintiff under the instant lease agreement shall be KRW 63,267,273. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 63,267,273 and delay damages.

2. Judgment on the defendants' assertion

A. The part of the Defendants’ assertion which was returned due to defects among the materials supplied by the Plaintiff to Defendant B.

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