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(영문) 울산지방법원 2014.11.20 2014가합2187
건축자재 임대료 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. 62,425,800 won and the defendant A Co., Ltd. with respect thereto shall be April 10, 2014.

Reasons

1. Basic facts

A. On December 201, the Plaintiff entered into a lease agreement with Defendant A (hereinafter referred to as “Defendant A”) to lease construction materials to Defendant A at the site of the construction of the building located in the Si-si (hereinafter “instant construction”) on behalf of Defendant A (hereinafter referred to as “Defendant A”) (hereinafter referred to as “instant lease agreement”), and Defendant B guaranteed Defendant A’s obligation as the lessee on the same day.

B. The main contents of the instant lease agreement are as follows.

Article 3 of the Lease Contract for Construction Materials: From December 29, 2011 to May 10, 2012, Article 6 (the lease period may be extended after mutual agreement between both parties. If the lease period is not returned within the contract period, the rent shall be separately claimed until the return is made): The plaintiff's burden (the base of five tons in Ulsan City, the basis of five tons in Ulsan City, the claim for free will), and the defendant A's burden at the time of delivery when returning: Provided, That less than five tons at the time of delivery shall be returned in its original form to the materials used by the defendant A, and compensation shall be made for the loss and damage.

(not later than the date of compensation) The rent shall be added.

From December 30, 2011, the Plaintiff received KRW 20,000,00 from Defendant B as advance payment, and leased the building materials listed in the attached Table (hereinafter “instant building materials”) to Defendant A.

The rent of the instant construction materials is KRW 97,500 per day, and the rent that Defendant A did not pay to the Plaintiff from December 30, 201 to March 20, 2014 is KRW 82,425,800.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. The Plaintiff’s determination as to the cause of the claim is based on the premise that the Defendants were to pay the amount of the instant construction materials including value-added tax (=90,668,380 won = 82,425,80 won unpaid from December 30, 201 to March 20, 201 x 1.1 (including value-added tax) - advance payment of KRW 20,00,000).

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