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(영문) 수원지방법원여주지원 2020.12.10 2020가단58538
사용료
Text

The defendant shall pay 71,69,000 won to the plaintiff and 12% per annum from August 28, 2020 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff: (a) on April 14, 2020, 200 of the Plaintiff’s debt 35,000,000 won (which reduced the rent of 38,467,488 won from December 30, 2018 to May 202; and (b) on April 14, 2020, the Plaintiff leased the temporary installation of 38,467,48 won (which was 15,00,000,000 won until May 30, 2020; and (c) on May 30, 202, the Defendant paid to the Plaintiff for the remaining joint and several obligation 30,000 won (which was 10,000,000 won, and 10,000,000 won, and 30,000,000 won, respectively; and (d) the Defendant paid the Plaintiff’s debt 20,000 won, respectively.

3) However, D did not return the temporary materials that it intended to return, and accordingly, the Plaintiff incurred loss equivalent to KRW 36,696,00. 4) Accordingly, around June 29, 2020, the Plaintiff sent a written peremptory notice to D and the Defendant to pay KRW 71,696,00, which is the sum of KRW 35,000,000 and KRW 36,696,000,000, which is the sum of KRW 36,696,000, but D and the Defendant did not pay the said money to the Plaintiff.

[Evidences : Confession of confessions or Gap evidence 1 to 5 and the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant, as a joint and several surety, has a duty to pay the plaintiff the rent for temporary materials and the amount of damages for delay at the rate of 12% per annum from August 28, 2020 to the date following the delivery date of the original copy of the instant payment order, which the plaintiff sought after the due date, as the joint and several surety, to the date of full payment.

2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.

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