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(영문) 춘천지방법원 원주지원 2017.04.25 2016가단3965
자재임대료 등
Text

1. The Defendant’s KRW 43,086,00 and the Plaintiff’s annual rate of KRW 6% from June 3, 2016 to April 25, 2017.

Reasons

Basic Facts

A. On April 3, 2013, the Defendant entered into a contract for construction works with the Seowon Construction Co., Ltd. (hereinafter “Seowon Construction”), under which the Defendant, the executor company of Seowon Construction, receives an apartment construction project (hereinafter “instant construction project”); and entered into a contract with the Defendant, who is the executor company of Seowon Construction, for the construction project, to receive and supply the relevant site (hereinafter “instant construction project site”).

B. On March 2014, Seowon Construction entered into a subcontract with D on the structural construction of the instant construction project, and D around that time entered into a material lease agreement with the Plaintiff on the condition that D leases temporary materials, such as water pumps, pipes, etc. from the Plaintiff.

C. Since D’s lease of materials from the Plaintiff, D performed the structural construction, and the Plaintiff failed to pay the materials rent properly.

Between December 2014 and February 2015, the Plaintiff and the Defendant drafted the following agreements with respect to the unpaid rent for D materials (hereinafter “instant agreement”), and the agreement based thereon (hereinafter “instant agreement”).

1. D’s temporary rental materials that are leased and used by the said supplier E (referring to the Plaintiff; hereinafter the same shall apply) at the site of Pyeongtaek-gun C (State; hereinafter the same shall apply) in Gangwon-do shall be entirely returned to the said E by B (State) until March 15, 2015 and shall be paid additional rent at the time of a passage;

2. A portion of the rent for materials that was not paid after the above D was paid to B, not later than March 20, 2015, 25,697,000 won, which was paid to B by March 20, 2015, which was less than the agreed intervals between B and B, is written.

: D Each letter and each receipt attached: The fact that there is no dispute over the F director's date and amount calculation amount (based on recognition), Gap evidence 1, Eul evidence 1 and 2, the summary of the parties' assertion in the whole pleadings, and plaintiff 1's assertion in the purport of the entire pleadings, are the plaintiff's temporary materials used at the construction site of this case to the plaintiff until March 15, 2015, in accordance with paragraph (1) of the Agreement.

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