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(영문) 청주지방법원 2020.04.24 2018가단37734
임대료 등
Text

1. The Defendant’s KRW 5,963,787 as well as 6% per annum from December 21, 2018 to April 24, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. (1) Nonparty C Co., Ltd. (hereinafter Nonparty C) was awarded a subcontract for reinforced concrete construction works at the site of the construction of the Ed D D D D D branch (hereinafter “instant site”).

The Plaintiff entered into a contract with Nonparty C to lease temporary materials to be used at the instant site (hereinafter referred to as the “temporary re-lease contract”), and the content thereof was from May 16, 2018 to October 31, 2018, and the rent shall be calculated by multiplying the usage fee by the number of days used, and the rental fee shall be calculated by the method of multiplying the usage fee by the number of days used.

B. On July 24, 2018, Nonparty C discontinued and waived the construction on June 30, 2018, and Nonparty F Co., Ltd. (hereinafter Nonparty F) who succeeded to the construction (hereinafter “Nonindicted F”) concluded a contract with the Defendant to accept a subcontract for reinforced concrete construction in the instant site for KRW 1,058,640,00,00. Upon the delayed payment of the temporary rent, the Plaintiff sent to the Defendant a statement to the effect that, on November 5, 2018, the Plaintiff would pay the said price and request for a new contract if he/she would continue to use the Plaintiff’s temporary site on August 10, 2018.

C. On November 26, 2018, Nonparty G, the head of the site office of the Defendant Company, and Nonparty H, the director of the building division of the Nonparty Company, and on November 26, 2018, G drafted a written confirmation that “it confirms that the Plaintiff would immediately pay the fees for rent under the instant temporary re-lease agreement, including a written statement of non-party F’s direct payment and a tax invoice (hereinafter “written confirmation of direct payment”).”

On November 29, 2018, Nonparty F consented to the Defendant’s direct payment of KRW 80,000,000 for the temporary materials of this case (hereinafter “instant direct payment consent”).

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