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(영문) 대전지방법원 서산지원 2017.03.21 2016가단969
임대료등
Text

1. Defendant B’s KRW 81,803,50, and the Plaintiff’s annual rate of KRW 6% from January 14, 2016 to March 21, 2017.

Reasons

1. Basic facts

A. Defendant C is the owner of the instant multi-household construction project at Jinjin-si D (hereinafter “instant construction”) and Defendant B was supplied with the structural frame of the instant construction project by the E company that was a contractor of the instant construction project (hereinafter “instant structural frame”).

B. On August 15, 2014, the Plaintiff entered into a lease agreement with Defendant B on the temporary materials to be used for the instant framework (hereinafter “the primary contract”) with Defendant B on August 15, 2014, and concluded a lease agreement on the said special terms, the rent is KRW 5,5250,00,000, and the lease period is four months, and the subsequent period is converted to the lease per unit, and the material is damaged. (c) The Plaintiff demanded that the Defendant B receive joint and several sureties as to the primary contract. The Defendant B demanded that the owner of the building, and the Defendant B, who is the person in charge of the E company, affixed the name cards of Defendant C to the Plaintiff. D. The Defendant C subcontracted the instant construction to the Plaintiff on March 1, 2015, and then the E company subcontracted the instant construction to the Plaintiff on March 25, 2015, which added the rent to KRW 505,050,000,000 for the instant construction to the Plaintiff.

The Plaintiff and Defendant B set the temporary re-lease period for four months according to the second contract.

F. However, around July 2015, H waived the instant construction, and Defendant B renounced the instant structural construction around April 2015 or around May 2015, the transferor.

After Defendant B renounced the instant structural construction, H’s subcontractor renounced the instant construction, F performed each of the instant structural construction work after H renounced the instant construction work.

The Alley Corporation in this case.

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