logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.06.13 2013가합9903
임대료
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 195,358,566 and Defendant C with respect thereto.

Reasons

1. Basic facts

A. Defendant D Limited Partnership Co., Ltd (hereinafter “Defendant E”) awarded a contract for the construction work of the FIB to G at Jung-Eup (hereinafter “instant construction work”) from the FIB to the Korea EIB association, and, on August 31, 2012, the construction work price of reinforced concrete was KRW 302,50,000, and the construction period was fixed from August 31, 2012 to February 28, 2013, each of which was subcontracted to Defendant A (hereinafter “Defendant A”).

B. On October 23, 2012, Defendant A entered into a contract for the lease of construction temporary materials (hereinafter “instant lease contract”) with the Plaintiff engaging in the business of leasing construction temporary materials and the construction temporary materials required at the instant construction site; and the rent shall be the amount calculated based on the unit cost of lease in a written estimate for lease; and upon filing a claim for the payment at the last day of each month, it shall be deemed that the payment was made at the last day of the following month; and the Plaintiff supplied the Defendant A with the construction temporary materials from that time.

C. At the time of the conclusion of the instant lease agreement, Defendant B and Defendant C, the representative director of Defendant A, are jointly and severally guaranteed the obligation of Defendant A under the instant lease agreement as an individual qualification, and upon the Plaintiff’s request, Defendant A, the director of the instant construction site, who was the head of the instant construction site, also demanded Defendant A to jointly and severally guarantee the said obligation of Defendant A.

The defendant D, without reporting to the head office of the defendant E, stated "D" in the joint and several sureties joint and several sureties column as the "the head office of the FIS New Construction Site for the FIS."

[Reasons for Recognition] Each entry of Gap evidence 1 to 4, and 7 (including branch numbers), and the purport of the whole pleadings

2. Determination as to claims against Defendant A, B, and C

A. Pursuant to the instant lease agreement indicating the claim, the unpaid rent of 65,385,943 won from October 2012 to April 2013, 2013, and the unpaid rent of 66,931,623 won from May 2013 to October 2013, and the amount of 63,041,000 won of the cost of the building destroyed and lost construction, and damages for delay shall be paid.

arrow