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(영문) 수원지방법원여주지원 2019.10.16 2019가단50378
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant subcontracted part of the E-new construction work (hereinafter “instant construction work”) to D Co., Ltd. (hereinafter “D”).

B. The Plaintiff entered into a temporary re-lease agreement with D to lease temporary materials at the instant construction site (hereinafter “instant lease agreement”). Accordingly, the Plaintiff leased temporary materials at the instant construction site.

Under the instant lease agreement, the interest rate for delay due to the unpaid rent was set at 25% per annum, and if D fails to return the temporary materials within five days after the use is completed, it was decided to compensate for the loss separately determined.

C. The instant construction contract and lease agreement were terminated in July 2018 due to the aggravation of management D, and the Plaintiff reached an agreement with the Defendant around September 2018 as follows (hereinafter “instant agreement”).

The “Defendant A” and “Plaintiff” shall agree on all matters relating to the nonperformance of the obligation of the instant construction and construction business chain D as follows:

1. “B” is to fully cooperate in the claim for reimbursement against “A” for the amount received in KRW 199,010,000 from “A” and transfer to “A” claims related to the above on-site.

2. “B” will not seek an additional amount from Party A or raise any objection for the civil and criminal administration later, and will actively cooperate in Party A’s progress.

On September 14, 2018, the Defendant paid KRW 199,010,000 to the Plaintiff according to the instant agreement.

After that, the details of the Plaintiff’s claim for the rent for temporary materials and the details of the Defendant’s settlement are as follows. The details of the Plaintiff’s claim for the payment of the rent for temporary materials from July 18, 2018 to August 17, 2018, the settlement amount on the filing date of the claim for the payment of the amount claimed by the Defendant, as of August 31, 2018, shall be KRW 42,328,462 on September 42, 2018, KRW 328,462 on September 17, 2018, KRW 428,462 on August 18, 2018 to September 17, 2018, KRW 334.

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