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(영문) 서울동부지방법원 2015.07.17 2014가합13257
공사자재임대료
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 262,572,159, and Defendant Dak Co., Ltd. on March 2015.

Reasons

Facts of recognition

On April 20, 2013, the Plaintiff entered into a contract for temporary re-lease that “The Plaintiff leased the construction temporary materials to the Defendant building to the Defendant building, and the Defendant building shall pay the rent therefor, but if the rent is delayed, the compensation for delay shall be paid at the rate of 25% per annum.”

Defendant A and B guaranteed each of the above obligations against the Plaintiff on the same day.

Until September 2014, Defendant building paid 170,504,109 rent and 92,068,050 won to the Plaintiff due to the destruction of building temporary materials.

[Ground for recognition] Defendant A: Pursuant to the facts of the judgment on deeming confessions (Article 208(3)2 of the Civil Procedure Act), the Defendants are jointly and severally liable to pay to the Plaintiff 262,572,159 won (i.e., rent 170,504,109 KRW 92,068,050) and damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate, from March 10, 2015, following the delivery date of the complaint of this case, to Defendant A, from February 6, 2015, to May 13, 2015, to complete payment.

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

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