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(영문) 수원지방법원평택지원 2014.12.24 2013가합4595
가설재임대료등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of pleadings in the entry of evidence A No. 1-1:

On August 1, 2012, the Plaintiff engaged in the business of leasing temporary materials in the name of “B” entered into a lease agreement with the Defendant and Nonparty AM Engineering Co., Ltd. (hereinafter “Nonindicted Company”) on the following terms (hereinafter “instant lease agreement”).

The name of a construction project: The construction period of a building frame (hereinafter referred to as “instant construction project”): The unit price contract amount of each unit, each unit, each unit, each unit, each house, each house, each house, each house, Banbboard, river table and attached facilities, and each bubbre aggregate management system among CY facilities BLT (Games):

(Unit Schedule attached) Time for and Method of Payment of Price: On a regular basis, the conditions of transportation (payment in cash on the 25th of the following month): On a regular basis, the transportation of materials shall be borne by the lessor (the plaintiff) at least 11 tons, the special clause clause for the lessee (the non-party company) at the time of the payment of materials.

1. This paragraph shall prevail over other terms and conditions of the contract.

2. This contract is concluded by the plaintiff, the defendant, and the non-party company. The defendant is liable for the payment of the contract amount, and the non-party company is liable for additional expenses incurred out of the contract amount, and all legal responsibilities for the non-party company's non-performance of leased materials and delayed payment

3.The cost of destruction and loss of leased materials shall be 2%.

2. Plaintiff’s assertion and judgment thereon

A. Although the Defendant and the non-party company jointly subcontracted the instant construction project from the Plaintiff’s assertion GS Construction Co., Ltd. concluded the instant lease agreement with the Plaintiff, and used the said provisional materials, the Defendant and the non-party company did not pay KRW 168,236,342, including the amount of KRW 20,00,00,00, and the amount of KRW 145,552,342, transport cost, and the amount of KRW 2,684,00, and the amount of KRW 236,342. Thus, the Defendant, as a co-resident, did not pay the said

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