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(영문) 청주지방법원 2015.07.15 2014가단7988
건설자재 임대료
Text

1. The Defendant: KRW 32,011,509 for the Plaintiff and KRW 5% per annum from March 26, 2014 to July 15, 2015.

Reasons

1. From September 4, 2013 to January 31, 2014, the Plaintiff leased construction materials necessary for the Cheongju-si D additional construction works (hereinafter referred to as “extension”) to B, and the Plaintiff paid the cost of loss caused by the rent and the loss of materials arising therefrom.

The defendant jointly and severally guaranteed the debt of the plaintiff B.

According to the books prepared by the Plaintiff, 38,011,509 won was incurred due to the loss of rents and materials, and among them, the loss cost is 10,728,600 won.

In addition to the above extension work, the Plaintiff leased construction materials necessary for the Cheongju-si Electric Housing Corporation (hereinafter referred to as the “Power House Corporation”) located in Cheongju-si (hereinafter referred to as the “Power House Corporation”) to B from October 5, 2013 to April 10, 2014.

As to this, the defendant did not stand joint and several sureties.

The liability of 16,630,130 won was incurred due to the loss of the rents and materials.

Among them, the lost fee is KRW 1,195,00.

B paid to the Plaintiff KRW 1 million on September 4, 2013, KRW 1 million on October 8, 2013, KRW 20 million on October 22, 2013, and KRW 2 million on November 1, 2013. Of this, the repayment was made on September 4, 2013 and KRW 2 million on November 1, 2013 in relation to the extension work, and the repayment was made on October 8, 2013 in relation to the electric source housing construction.

B, at the time of the completion of the extension work, talked with the plaintiff's employee and moved construction materials at the site of the extension work to the site of the house construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, 7, 10 (including additional numbers), Eul evidence No. 3-2, Gap evidence Nos. 2, 8, and Eul evidence Nos. 2, and the purport of the whole pleadings

2. The defendant's assertion

A. The fact that B claimed payment of KRW 2 million on October 22, 2013 was paid to the Plaintiff on October 22, 2013 is no dispute between the parties.

According to the entries of Gap evidence 1, Gap evidence 8, and Eul evidence 2, the rent accrued until October 22, 2013 in relation to the electric power resource construction shall be 1,020.

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