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(영문) 제주지방법원 2018.02.02 2017가단6053
가설자재임대료등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 33,151,242 and the interest rate thereon from November 8, 2017 to the date of full payment.

Reasons

In full view of the purport of Gap evidence Nos. 1, 2, 5, and 8 as to the cause of the claim and all the arguments, the plaintiff entered into a contract on December 29, 2015 for the lease of temporary materials, such as oil pumps, with the joint and several sureties Construction Co., Ltd. (hereinafter "Defendant Co., Ltd.") under the joint and several sureties. The defendants received temporary materials from the plaintiff on December 29, 2015 and returned them at the end of October 2017. The defendants can find the fact that the rent accrued under the above lease agreement constituted a total of 30,306,570 won from the defendants. Thus, barring any special circumstance, the defendants are jointly and severally liable to pay the plaintiff the balance of the rent to the plaintiff 3,151,242 won and damages for delay from the 15th day following the date of delivery of a copy of the claim and the grounds for the change in the lease agreement.

(The defendant asserts that there is no obligation to pay the price of the goods after the termination of the lease. However, as long as the plaintiff withdrawss his claim concerning the price of the goods, it shall not be judged separately. Thus, the plaintiff's claim of this case shall be accepted for reasons.

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