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(영문) 수원지방법원 성남지원 2018.02.09 2017가단17305
가설자재임대료 및 멸실손해배상
Text

1. Defendant A and B jointly and severally agreed on KRW 32,420,970 against the Plaintiff and Defendant B with respect thereto from September 28, 2017.

Reasons

The Plaintiff indicated the claim against Defendant A and B is jointly and severally liable to pay 32,420,970 won and delay damages therefrom, as the Defendant A and B jointly and severally guaranteed the obligation to pay rent for the temporary materials from October 8, 2013 to May 2014.

Article 208(3)2 and Article 150(3) of the Civil Procedure Act of the applicable provisions of the applicable provisions of the Civil Procedure (amended by Act No. 150(3) of the Civil Procedure Act) provides that the Plaintiff leased the temporary materials to the Defendant Mau Construction Co., Ltd. (hereinafter “Co., Ltd.”) from June 2014. Defendant Mau Construction did not pay KRW 3,439,970 out of rent, and Defendant Mau Construction lost the total market value of the temporary materials succeeded by Defendant A Co., Ltd., and thus, Defendant Mau Construction has a duty to pay the Plaintiff the total amount of KRW 13,62,970 and delay damages therefrom. Since the determination of the claim for rent for the temporary materials did not conflict between the parties, the Plaintiff’s duty to pay KRW 3,439,970 from the following day to the date of the 20th day after the date of the instant judgment, the Plaintiff’s duty to pay rent of KRW 13,662,970.

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