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(영문) 청주지방법원 2018.08.31 2018가단4741
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of construction business, reinforced concrete construction business, etc., and the Defendant is a company established for the purpose of leasing, selling and storing construction materials.

B. The Plaintiff was awarded a subcontract for reinforced concrete construction (hereinafter “instant construction”) among the construction works at the National Police Agency, the Korea National Police Agency No. 18-90, Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, Inc. (hereinafter “Seoul-si Construction”), and performed the construction works. On November 18, 2017, the Plaintiff submitted a letter of renunciation of construction to Sejong-si Construction and abandoned the instant construction work around that time.

C. On May 31, 2017, the Plaintiff leased temporary materials necessary for the instant construction from the Defendant to December 31, 2017, from May 31, 2017 to December 31, 2017, and the rent shall be paid in cash upon receiving a claim from the end of the following month, and if the payment of rent is delayed, the Plaintiff entered into a temporary re-lease agreement with the Defendant (hereinafter “instant lease agreement”) with a view to paying damages for delay at the rate of 30% per annum. Of the said agreement (No. 1-2), the Plaintiff’s signature and seal is affixed to the Plaintiff’s joint and several sureties column.

The Defendant leased temporary materials to the Plaintiff from June 3, 2017 to November 20, 2017 in accordance with the instant lease agreement.

E. On November 22, 2017, the Defendant agreed on the instant construction and lease agreement with the Sejong Road Construction Division (hereinafter “instant agreement”) as follows.

1) Under the instant lease agreement between the Defendant and the Plaintiff, the unpaid rent of KRW 71,805,767 (excluding value-added tax; hereinafter the same shall apply) accrued until October 25, 2017 pursuant to the instant lease agreement.

) Ascertainment that it is, and 18,272,457 won, equivalent to 65% of them, shall be paid directly to the Defendant until November 30, 2017, in accordance with the above contract. 2) Pursuant to the above contract, 18,272,457 won, equivalent to 80% of the unpaid rent from October 26, 2017 to November 20, 2017, shall be paid directly by the Defendant to the Defendant.

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