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(영문) 서울남부지방법원 2020.07.14 2019가단269808
임대료
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 138,243,703 and 5% per annum from January 1, 2019 to January 30, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company selling steel products. Defendant B and D Co., Ltd. (hereinafter the above Defendants’ “stock company”) are companies conducting construction business, etc.

Defendant C is the inside director and representative of Defendant B and D.

B. On April 22, 2016, the Plaintiff entered into a lease agreement with Defendant B and Construction Materials (H-Bam).

On the same day, Defendant C guaranteed the duty to deliver the Plaintiff and the duty to pay rent.

The Plaintiff supplied H-Bam to Defendant B, and was not paid KRW 138,243,703, out of rent.

C. Defendant D accepted the contractual relationship with Defendant B around July 2017.

After that, the Plaintiff supplied H-Bam to Defendant D, and was not paid KRW 15,581,544 out of rent.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the Defendants jointly and severally (the Defendant B is a tenant, the Defendant C is a joint and several surety, and the Defendant D is a company taking over the rent obligations of Defendant B) and the Plaintiff are liable to pay damages for delay calculated by the rate of 138,243,703 won per annum from January 1, 2019 (the date the Plaintiff seeks after the date of payment of the rent) to January 30, 2020 (the final delivery date of the copy of the complaint) and 5% per annum from the next day to the day of full payment (the date of final delivery of the complaint) to the day of January 30, 2020.

In addition, Defendant D is obligated to pay to the Plaintiff 15,581,544 won and delay damages calculated at the rate of 5% per annum from January 1, 2019 (the date the Plaintiff seeks from the date of payment due) to December 16, 2019 (the service date of a duplicate of the complaint) and 12% per annum from the following day to the date of full payment (the interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).

3. Conclusion, the claim of this case is justified, and it is so decided as per Disposition.

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