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(영문) 수원지방법원여주지원 2017.12.19 2016가단9409
건축가설재 임대료 멸실료 청구
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 192,490,559 and the interest rate thereon from October 22, 2016 to the date of full payment.

Reasons

Facts of recognition

On November 12, 2014, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a contract for the lease of building materials (hereinafter “instant contract”) and Defendant C jointly and severally guaranteed the Defendant Company’s obligations under the said lease agreement.

Since then, according to the above contract, the Plaintiff supplied building materials at the construction site of the Gyeonggi-si Parking Building, Gyeonggi Egym-ju, and Gyeonggi-gu New Construction Project (hereinafter referred to as the “instant construction site”).

On February 24, 2016, the Plaintiff provisionally attached the claim for the construction price against the Defendant Company as the claimed amount of KRW 153,231,470 on the construction material rent claim against the Defendant Company.

(C) On March 9, 2016, the Defendant Company: (a) stated that the Defendant Company would pay KRW 153,231,470 to the Plaintiff, by April 30, 2016, the unpaid construction material rent of KRW 153,231,470 until the end of December, 2015; and (b) stated that the Defendant Company would pay the Plaintiff, “each of the instant notes.”

(C) The plaintiff received the above written statement and terminated the provisional attachment set forth in paragraph (3) below. The plaintiff did not have any dispute, and the evidence Nos. 1 through 5 (each of the entries and arguments included in number A), and the purport of the whole pleadings.

The Plaintiff Company asserted that the Plaintiff Company leased the construction materials from the Plaintiff at each construction site of this case, but did not pay rent, and did not refund part of the construction materials.

Since Defendant C and D jointly and severally guaranteed the contractual obligation under the lease contract for the Plaintiff of the Defendant Company, the Defendants shall jointly and severally pay the Plaintiff rent for construction materials and compensate the Plaintiff for the value of the non-returnable materials.

Defendant C provided joint and several sureties with respect to the construction materials lease contract related to the construction of the Sugwon Parking Building Construction, and the said construction was conducted from October 2014 to April 2015.

However, the plaintiff claims.

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