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(영문) 수원지방법원 성남지원 2018.12.27 2017가단202936
임료지급 등 청구의 소
Text

1. Defendant B Co., Ltd.: (a) KRW 1,519,500 for the Plaintiff and 6% per annum from October 1, 2015 to June 19, 2018.

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant B”) is the principal contractor who ordered the Songpa-gu Seoul Metropolitan Government E Corporation (hereinafter “instant Corporation”) from the Korea Land and Housing Corporation on March 28, 2014, and the F Co., Ltd. (hereinafter “F”) was partially subcontracted by Defendant B.

B. On September 5, 2014, the Plaintiff, who engages in the business of leasing temporary materials, entered into a lease agreement with F to supply temporary materials to the instant construction site by July 31, 2015 (hereinafter “instant lease agreement”), and Defendant D, who was a director of F in-house, jointly and severally guaranteed the Plaintiff of F on the same day.

C. The F, on June 25, 2015, filed a petition for bankruptcy with the Suwon District Court 2015Hahap33, and was declared bankrupt by the said court on July 29, 2015.

On the other hand, Defendant B terminated F and Corporation on June 30, 2015, and entered into a subcontract with Defendant C Co., Ltd. (hereinafter “Defendant C”) on July 29, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 7 and 9, and purport of the whole pleadings

2. Determination:

A. After the conclusion of the instant lease agreement, the Plaintiff leased temporary materials at the instant construction site as shown in the total list of temporary materials.

After August 1, 2015, when the lease term with F expires, Defendant B and C arbitrarily occupied and used temporary materials and infringed the Plaintiff’s ownership by destroying the temporary materials in the possession of the land, although the temporary materials owned by the Plaintiff cannot be arbitrarily occupied and used at the construction site of this case.

Therefore, Defendant B and C are jointly and severally obligated to pay to the Plaintiff KRW 22,806,401, and KRW 15,701,927, and KRW 76,572,980, and KRW 115,081,30,088, in total, of the value of the temporary materials destroyed by the Defendants.

In addition, the defendant.

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